Plaintiff

Defendant 1 and three others

November 21, 2006

1. The plaintiff's claim against the defendants is dismissed.

2. All the costs of lawsuit are assessed against the Plaintiff.

(1) It is confirmed that the real estate listed in the separate sheet (hereinafter “instant real estate”) is owned by Defendant 4 Co., Ltd. (2) regarding the instant real estate: (1) Defendant 1 Co., Ltd. implements the registration procedure for cancellation of ownership transfer registration completed on May 21, 2004 by the Changwon District Court and the registry office received on May 21, 2004; (2) Defendant 2 implements the registration procedure for cancellation of ownership transfer registration completed on June 18, 2004, and the registration procedure for cancellation of ownership transfer registration completed on January 8, 2006 as of January 18, 2006, and completed on January 8, 2006 as of March 7, 2006, and (3) Defendant 3 implements the registration procedure for cancellation of ownership transfer registration completed on March 6408, 206, and the registration procedure for cancellation of ownership transfer registration completed on April 17, 2006.

1. Basic facts

A. The instant real estate was newly built on a parcel of land, 293-1, and 2 lots of land, Nam-gu, Nam-dong, Nam-dong, Nam-dong, Namnam-do, where the instant real estate was located. Around July 7, 1992, it was replaced by Defendant 4 Company, respectively, to Defendant 4 Company around October 30, 1993.

B. However, Defendant 4 Co., Ltd. was also unable to properly carry out its business and was neglected for a long time. Defendant 1 Co., Ltd. acquired the assets and liabilities related to the said new apartment construction project from Defendant 4 Co., Ltd. on April 14, 201, and resumed the construction after obtaining approval for the change of the project operator around August 28, 2001, and completed the said new apartment construction project after obtaining approval for the use on March 16, 2005.

C. On May 21, 2004, prior to obtaining approval for the use of the instant real estate, the registration of ownership preservation was completed in the future of Defendant 1 corporation. On June 28, 2004, the registration of ownership transfer was completed in the name of Defendant 1 corporation. On June 28, 2004, the registration of the registration of the establishment of the ownership transfer right by Defendant 2, Defendant 3 and Nonparty 4 (one-half shares of each of these shares), the provisional registration of the right to claim ownership transfer registration, and the registration of the right to claim ownership transfer registration by Nonparty 6408, Defendant 3, Defendant 3, the right to claim ownership transfer right, under Article 6408, the provisional registration was completed on April 17, 2006, under the receipt of the registry office.

D. On the other hand, the Plaintiff, a director and a shareholder of Defendant 4 Co., Ltd., through the above [Attachment Construction Co., Ltd.], continuously participated in the above new apartment construction project from the beginning date of the new apartment construction project, and currently is a director and a shareholder of Defendant

[Ground for Recognition: Facts without dispute, Gap2 through 7, 9, 10 evidence, Eul 1 through 4, 16 through 19, and the purport of the whole pleadings]

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion

The Plaintiff asserted that, on August 23, 1994, he purchased the instant real estate from Defendant 4 Co., Ltd. in KRW 74,880,00,00, and at the time, the instant real estate was acquired at the time, regardless of the registration for preservation, as it was completed after the new construction was completed, Defendant 4 Co., Ltd. acquired it at once, and filed the instant claim against the Defendants, such as the entries in the claim

B. Determination

(1) In light of the progress of the above apartment construction project, including the real estate in this case, as indicated in the facts of the above 1.1., there is no evidence to deem that Defendant 4 had acquired the real estate in this case, and even if the Plaintiff received the sale of the real estate in this case from Defendant 4 on August 23, 1994, the following facts are acknowledged by adding the whole purport of the pleadings to the items of evidence No. 1, No. 7-1, and No. 20 on April 14, 2001. In other words, according to the current status of apartment sale transferred by Defendant 1 corporation with Defendant 4 on April 14, 201, according to the fact that the real estate in this case was unsold in lots, and the real estate in this case was sold in lots or offered as security, and the Plaintiff did not have any other evidence to acknowledge the sale price in this case’s directly prepared on October 10, 1993 and signed on October 10, 1998.

(2) Therefore, the instant claim, based on the premise that the Plaintiff received the instant real estate from Defendant 4 Company or Defendant 4 Company acquired the instant real estate at its original time, is without merit without further examining.

3. Conclusion

Thus, the plaintiff's claim against the defendants of this case is dismissed as it is without merit.

[Attachment List omitted]

Judges Kim Jong-il