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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. B purchased the land listed in the separate sheet (hereinafter “instant real estate”) around October 17, 200 and acquired the ownership on October 24, 200. On April 16, 2002, the right to request the transfer of ownership in the Defendant’s name (C, the name before the opening of the real estate) was cancelled on the ground of partial cancellation on April 23, 2003, and on April 23, 2003, D’s ownership remaining in the name of 1/2 of the above real estate was cancelled on April 23, 2003. On September 5, 2003, the ownership remaining in B’s name was changed on September 4, 2003 due to the purchase and sale promise (hereinafter “instant provisional registration”). As to shares remaining in B’s name on September 5, 2003, the ownership was registered on September 4, 2003.
B. The Defendant became aware of E through a fraternity meeting in 2001, and around that time, from November 2003 to November 20, 2003, the Defendant lent money to E several times, and the ASEAN would pay KRW 50 million to the Defendant in relation to the above borrowed money.
Merely determined.
(c)
After that, the defendant filed a lawsuit against B on the claim for registration of transfer of ownership, etc. as the Gwangju District Court 2008Ga group 71488, and the judgment was finalized on January 8, 2010 that the defendant paid the above KRW 50 million to the defendant and the delayed damages.
(d)
As of August 20, 2020, Part B is delinquent in national taxes of 22,870,640 won, including transfer income tax, to the Plaintiff, and there is no particular property other than 1/2 of the land ownership of the instant real estate as seen earlier.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the plaintiff's assertion 1) The provisional registration of this case was completed on September 4, 2003 by means of trade reservation as stated in the grounds for registration, and the right to complete the pre-contract based on the above pre-sale reservation.