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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. The owner of the instant real estate, who is the co-owner of each of the 1/16 equity shares in the instant real estate, was U and the Defendants (at the time of death of P, and in case of not specifically identifying P’s heir in the instant case, the total of 16 persons, including P and the remaining Defendants, sold the instant real estate to the Plaintiff on June 15, 2005 (hereinafter “instant sales contract”).
B. From March 29, 2007 to May 22, 2007, the remaining Defendants 15, except U, completed the registration procedure for transfer of ownership transfer to the Plaintiff with the total of 15/16 shares of the instant real estate as the grounds for registration between March 29, 2007 and May 22, 2007.
C. While the Plaintiff did not find U’s whereabouts and did not receive 1/16 shares from U, the Plaintiff demanded the Defendants to transfer U’s shares to the Plaintiff.
Therefore, the Defendants did not accept U and thus filed a lawsuit claiming the registration of transfer of U’s ownership of real estate (Seoul Central District Court Decision 2008Da142444) with the Plaintiff in order to transfer 1/16 of U’s share in the instant real estate to the Plaintiff. On November 27, 2008, the Defendants won the judgment in favor of U on November 27, 2008.
Since then, according to the judgment of the previous suit of this case, the defendants completed the registration of transfer of each share in the name of the defendants as to the shares of 1/256 (=1/16x1/16) among U shares 1/16 of U's shares as to the real estate of this case in the name of the defendants.
E. According to the instant sales contract, the Defendants won the judgment of the previous suit of this case as a means to transfer the registration of ownership transfer of U U’s shares to the Plaintiff according to the instant sales contract, and accordingly, completed the registration of ownership transfer, but did not transfer the Defendants’ relevant shares to the Plaintiff until now.