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(영문) 청주지방법원충주지원 2016.06.23 2016가단2195

소유권이전등기말소

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1. The defendant shall receive KRW 38,000,000 from the plaintiff, and at the same time, shall be on the 2,083 square meters of C Forest in Chungcheong City to the plaintiff.

Reasons

1. Basic facts

A. On November 22, 2012, the Plaintiff entered into a contract on behalf of the Plaintiff to sell 2,083 square meters of C forest land (hereinafter “instant real estate”) on behalf of the Defendant on behalf of the Plaintiff (hereinafter “instant sales contract”).

B. On November 28, 2012, the Defendant paid the purchase price to D, and completed the registration of transfer of ownership in the name of the Defendant on the instant land (hereinafter “instant registration of transfer of ownership”).

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The instant sales contract for determining the cause of the claim does not conflict between the parties as to the effect that D, which was the chairperson of the Plaintiff at the time, concluded without the resolution of the Plaintiff’s clans general meeting. Thus, barring any special circumstance, the Defendant is liable to implement the registration procedure for cancellation of ownership transfer

B. The judgment on the defendant's assertion is that the defendant cannot respond to the plaintiff's claim before receiving total of KRW 38,00,000,000 from the purchase price and registration cost paid by the defendant. Thus, there is no dispute between the parties as to the fact that the plaintiff is obligated to pay the above amount to the defendant, and since the duty to restore due to the invalidity of the sales contract is a simultaneous performance relationship, the defendant is obligated to pay the above KRW 38,00,000 from the plaintiff and to implement the procedure for the registration of cancellation of the ownership transfer registration of this case.

3. In conclusion, the plaintiff's claim of this case is accepted within the scope of the above recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.