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1. The defendant is based on the plaintiff's restoration of the authentic title as to the land stated in the attached list 1.
Reasons
1. Basic facts
A. On January 8, 1980, the Plaintiff completed the registration of ownership transfer based on sale on October 20, 1963, pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094), which was enforced at the time with respect to 2,479 square meters (hereinafter “instant land”).
B. On March 27, 2001, the Plaintiff completed the registration of ownership transfer for reasons of sale on March 10, 2001 with respect to the portion of 17/2,479 out of the instant land to C.
C. On November 14, 2016, the land listed in attached Table 2 was divided into the instant land. On December 14, 2016, the Plaintiff and C completed the registration of ownership transfer on the land listed in attached Table 2 to D on December 1, 2016, but the transaction value was reported at KRW 7 million.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings
2. Determination as to the cause of claim
A. 1) The Plaintiff’s assertion is the property devolving upon the Plaintiff, and the Defendant completed the registration of ownership transfer based on sale. Therefore, the registration of ownership transfer under the Defendant’s name as to the instant land is the registration invalidation. Meanwhile, the Plaintiff sold shares of 17/2479 out of the instant land to C. The Plaintiff and C divided the land indicated in the separate sheet No. 2 from the instant land and completed the registration of ownership transfer after concluding a sales contract with D as to this amount of KRW 7 million. Accordingly, the Defendant is liable to implement the registration of ownership transfer based on the restoration of real name with respect to the Defendant’s shares out of the land listed in the separate sheet No. 1, and the Plaintiff is obligated to refund to the Plaintiff the amount equivalent to the Plaintiff’s shares out of the purchase price received from D as unjust enrichment.