소유권이전등기
1. All appeals filed by the plaintiffs are dismissed.
2. At the preliminary claim of the plaintiffs added at the trial.
1. Basic facts
A. On July 5, 2004, Plaintiff B and Plaintiff C concluded a sale contract with Defendant E and the deceased to purchase each one-half of the total purchase price of KRW 280,137,00 (hereinafter “instant sale contract”) among the forest land located within the land transaction permission zone under the National Land Planning and Utilization Act as of July 5, 2004 as a broker of Nonparty G (hereinafter “the deceased”). On the date of the contract, Plaintiff B and C entered into a sale contract with Defendant E and the deceased to purchase KRW 280,137,00 (hereinafter “instant sale contract”). On July 31, 2004, Plaintiff B and C entered into a sale contract with Defendant E and the deceased’s total purchase price of KRW 280,137,00,00 (hereinafter “the instant sale contract”). On September 31, 2004, Plaintiff B entered the sale contract into an agreement with the seller to purchase KRW 50,000,00 as an intermediate payment contract, which is a temporary land transaction agreement.
B. On July 5, 2004, the day of the instant sales contract, Defendant E and the Deceased, respectively, paid KRW 25 million out of the intermediate payment on July 31, 2004, and KRW 25 million from July 31, 2004.
C. The Deceased died on December 7, 2004, and on August 25, 2005, Defendant F, who was his children, completed the registration of ownership transfer based on an inherited property consultation division agreement with respect to one-half portion of the forest land of this case. D.
On the other hand, the forest of this case was designated as the land transaction permission zone on February 11, 2003 (Public Notice V of the Ministry of Construction and Transportation), and was released from the land transaction permission zone around February 2009.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, witness I of the first instance trial, part of the personal examination results of plaintiff C of the first instance court, the purport of the whole pleadings
2. Summary of the plaintiffs' assertion
A. The Plaintiffs are primarily designated as permission areas on land designated as land transaction permission areas.