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1. As to KRW 83,160,000 among the Plaintiff and KRW 52,00,000, Defendant C shall be KRW 31,160,000 from June 28, 2016.
Reasons
1. The primary claim against Defendant C as to the land of this case and the primary claim against Defendant B and D
A. The facts of recognition 1) Defendant C purchased the instant land with Defendant D on January 17, 2006 at KRW 27,000,000 (hereinafter “instant sales contract”)
(2) On January 20, 2006, Defendant C entered into a pre-sale agreement with Defendant C on September 13, 2007 with respect to the instant land, and completed the registration of ownership transfer on January 20, 2006 by the Changwon District Court Kim Sea Registry receipt No. 5074. (2) On the same day, Defendant B completed the registration of the right to claim ownership transfer on the instant land as Changwon District Court receipt No. 8020 on the same day.
[Reasons for Recognition] Uncontentious Facts, Entry of Gap evidence 2, the purport of the whole pleadings
B. The Plaintiff’s primary claim against Defendant C and claim against Defendant D 1) proposed to purchase the instant land from Defendant C for hot spring development around the end of December, 2005, and concluded a contract title trust agreement with Defendant C to the effect that “The instant land shall be purchased as a party to the contract and registered in the name of Defendant C”. Accordingly, Defendant C concluded the instant contract with Defendant C, and completed the registration of ownership transfer for the instant land under its own name, and Defendant D, the seller, was well aware of the said title trust agreement. Accordingly, the contract title trust agreement concluded between the Plaintiff and the Defendant C was well known.
) Article 4(1) is null and void pursuant to Article 4(1) and the registration of ownership transfer in the name of Defendant C with respect to the instant land is also null and void. Ultimately, Defendant C is obligated to perform the procedure for registration of cancellation of ownership transfer with respect to the instant land, and Defendant D, the seller, is obligated to implement the procedure for registration of ownership transfer with respect to the instant land based on the instant sales contract to the Plaintiff. 2)