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1. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff)
A. As to the 6/9 share of the building indicated in the annex.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. (i) Change in the legal relationship of the building of this case, D, the father of the Plaintiff, completed the provisional registration of the right to claim ownership transfer on March 27, 1989, with respect to F 1/3 shares in the instant building jointly owned by E, F, and G (hereinafter “instant 1/3 shares”).
The Defendants: (i) received a successful bid of the instant building during the compulsory auction procedure for H real estate in Seoul Central District Court, and paid in full the sales price on May 3, 2012; and (ii) completed the registration of ownership transfer as to the instant 1/3 shares based on the provisional registration stated in the foregoing paragraph on May 4, 2012, and (iii) completed the registration of ownership transfer for the Plaintiff on the ground of donation.
Fidelity, Defendant B, on May 12, 2012, completed the registration of ownership transfer on the ground of sale due to the compulsory auction stated in the above Sheet, only as to the share of 4/9 of the instant building, and the share of 2/9 of the Defendant C,
(1) Of the instant building, the Defendants filed a lawsuit against the Plaintiff for ownership transfer registration on May 16, 2012 against the Plaintiff on the ground that the Defendants filed a claim for ownership transfer registration (Seoul Central District Court 2012DaDa5056262), and on November 14, 2012, “The right to complete purchase and sale reservation, which is the cause of provisional registration in the name of D as to the portion of 1/3, ceases to have effect due to the lapse of the ten-year exclusion period, and the said provisional registration becomes null and void, and the ownership transfer registration in the name of the Plaintiff and the ownership transfer registration in the name of the Plaintiff should be null and void.” The judgment became final and conclusive.
B. On November 30, 2012, the Defendants and D, the Plaintiff’s agent, purchase and sale of the instant building, KRW 300 million.