Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 23, 2001, the Plaintiff and the deceased C purchased each of the following land within the land transaction permission zone from D at KRW 340 million.
- Land subject to purchase - 1 E- 790 square meters in Namyang-si prior to the division (attached Form 425 square meters in case of Namyang-si after the division)
1. The land was divided into 201 square meters, F 201 square meters, G 8 square meters, and H 156 square meters) (2) The 1,95 square meters in Namyang-si prior to the division [1,469 square meters in the 1,469 square meters in the Hayang-si, Namyang-si;
2. A list of land) and J-road 96 square meters (attached Form);
3. A list of land), 198 square meters in K warehouse, 711 square meters in L farm site, and 91 square meters in M farm site (attached Form);
4. Land) and N 430 square meters divided into 430 square meters; (3) Nam-si, Nam-si, 324 square meters.
B. C The status of non-registration A.
One-half of his own shares of each land listed in the subsection was sold to P.
C. On January 14, 2003, the Plaintiff, C, P, and D were permitted to enter into a land transaction contract with the content that the Plaintiff purchases 2/4 shares and 1/4 shares of C and P, respectively, from the Namyang market on each land listed in the separate sheet from D (hereinafter “instant land”).
After that, on February 14, 2003, the registration of transfer of ownership was completed on January 20, 2003 with respect to the share of 1/3 of the land in this case on February 14, 2003.
E. Meanwhile, the Plaintiff, P et al. to the Defendant, a certified judicial scrivener.
In this case, the application for land transaction permission and ownership transfer registration was delegated and processed.
[Ground of recognition] Facts without dispute, Gap 1, 2, 4 evidence, Eul 3 and 5 evidence (including paper numbers; hereinafter the same shall apply)
2. The parties' assertion
A. Of the Plaintiff’s land, the Plaintiff purchased 2/4 shares and 1/4 shares, respectively. However, the Defendant’s negligence on the part of the Plaintiff, C, and P, the ownership transfer registration was completed for 1/3 shares of the above land.
In order to correct the registration relationship of the instant land, the Plaintiff has to file a lawsuit seeking cancellation of registration against P, etc., as seen later.