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(영문) 대전지방법원공주지원 2017.11.23 2017가단918

소유권이전등기

Text

1. The Defendant made an agreement with the Plaintiff on September 26, 2013 regarding C forest land 826 square meters in the city of public housing.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant’s omission for real estate development business, etc., carried out the E-Japan F business in the Gongju-si, including the 826 square meters of C Forest and Forest (hereinafter “the instant forest”), and the said business became difficult to proceed any more due to the cancellation of the authorization for the said business at the time of public housing.

B. On September 26, 2013, G, the representative director of the Plaintiff, and the investors of the said business, agreed that the instant forest shall be distributed to the Plaintiff between D and D, for whom the Defendant, who is the owner of the instant forest, was granted the authority to act as an agent for the act of disposing of the instant forest, and all expenses incurred in the transfer of ownership shall be borne by the investors’ share, and the nominal owner of the land shall, at the request of the owner of the instant forest, perform the transfer procedure without delay (hereinafter “instant agreement”).

[Reasons for Recognition: Facts that there is no dispute between the parties; entries in Gap evidence 1, 2, and 4; the purport of the whole pleadings]

2. According to the above facts in determining the cause of the claim, the defendant who is the party to the instant agreement on behalf of the owner and D of the instant forest is obligated to implement the registration procedure for transfer of ownership based on the instant agreement, unless there are special circumstances to the plaintiff.

3. As to the determination of the Defendant’s assertion, the Defendant asserted that, according to the instant agreement, the Plaintiff cannot respond to the Plaintiff’s claim prior to the payment of capital gains tax arising from the transfer of ownership of the forest of this case, since the Plaintiff would bear the expenses for the transfer of ownership of the forest of this case

The above basic facts and the evidence Nos. 1, 2, 4, 7, 8, 9, 10, 11, 12, 13, and 14 of this case are described as follows. The defendant has the right to claim all expenses against the plaintiff with respect to the forest land of this case.