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(영문) 의정부지방법원고양지원 2015.08.13 2014가합2426

소유권이전등기말소 등

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Presumed factual basis

A. On January 24, 2005, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant: (a) sold approximately KRW 16,529 square meters out of approximately 40,508 square meters of Ilyang-si C Forest land in Goyang-si; and (b) KRW 3 billion of the sales price.

(2) On February 4, 2005, the Defendant paid the Plaintiff the down payment of KRW 300 million on the date of concluding the contract with the purchase-price, and the intermediate payment of KRW 1.2 billion on the part of the Plaintiff.

B. On February 18, 2005, the Defendant’s registration of ownership transfer was completed. The Plaintiff and the Defendant determined the subject matter to be traded as D forest 1,415 square meters, 15,415, 114 square meters, and 20,303 square meters of the F forest after converting the area into the area of 40,508 square meters of the Sinsan-si, Seoyang-si into the area of 5,091 square meters of the D forest, E, 15,114 square meters of the E, and 20,303 square meters of the Do. After that, on March 11, 2005, the 5,091 square meters of the Sinsan-si, Seoyang-si, Seoyang-si, Busan-si, was divided into 1,415 square meters of the D forest, G forest 3,204 square meters, and H 472 square meters of the H forest.

However, on March 14, 2005, I received a provisional disposition on the prohibition of disposal as to the above E- 15,114 square meters of forest land (Seoul District Court 2005Kahap166) and filed a lawsuit against the plaintiff for the cancellation of ownership transfer registration.

3) The Plaintiff completed the registration of ownership transfer on the ground of sale on March 19, 2005, No. 23897, which was received on March 19, 2005, with respect to the area of 1,415 square meters of Ilyang-si Dasan-si Dayang-si Dayang-si Dayang-si, the Plaintiff completed the registration of ownership transfer on the ground of the purchase and sale on January 24, 2005. The Defendant paid the Plaintiff KRW 60 million to the Plaintiff with regard to the purchase and sale remaining amount of 15,114 square meters of the above Dayang-si Masan-si Mayang-si Mayang-si Mayang-si Mayang-si Mayang-si Mayang-si Dayang-si 15,114 square meters. (4) The Plaintiff completed the registration of ownership transfer claim on March 16, 2005, the registration of ownership transfer claim was completed due to the promise

On November 8, 2006, the defendant filed a lawsuit against the plaintiff for the implementation of the principal registration procedure on the basis of the above provisional registration (No. 2006Gahap8153) and won the judgment (no. al. 2007) on January 31, 2007.