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(영문) 의정부지방법원 2015.07.03 2014나54046

소유권이전등기말소

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On June 2, 2011, each real estate listed in the separate sheet (hereinafter referred to as “instant real estate”) was divided into KRW 47,365 square meters (area 43,502 square meters after the division) of forest land B in Gangwon-gu, the Plaintiff owned.

B. As to the instant real estate, the registration of transfer of ownership to the owner of the Defendant was completed as of June 2, 201 by the Ku Government District Court No. 6489, which was received on June 2, 2011, on the ground of an agreement on the land for public use on June 1, 2011 (hereinafter “instant registration of transfer of ownership”).

C. The instant real estate is currently established with military installations such as a guard, a dust, and a guard in preparation for military operations.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 through 5 (including each number, if any) and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion argues that, since the Defendant failed to fully explain the purpose of acquiring the instant real estate to the Plaintiff during the process of negotiations on the instant real estate, the Plaintiff believed that the instant real estate was incorporated into the road, the Plaintiff’s intent to transfer the instant real estate was revoked by fraud or mistake and claimed for the cancellation of the ownership transfer registration.

B. Determination 1) First of all, it is insufficient to find out the fact that the Defendant deceivings the Plaintiff in the process of acquiring the instant real estate through consultation, the entries in the evidence Nos. 4 and 6 as well as the result of the examination of the Plaintiff himself/herself by the party concerned, and there is no other evidence to acknowledge it. Rather, according to the overall purport of the entries and arguments in the evidence Nos. 1 and 3, following the Plaintiff and the Defendant (the Ministry of Land, Transport and Maritime Affairs, which entered into an agreement for the acquisition of the instant real estate by agreement with the Plaintiff on Jun. 2011 and the Defendant (the Ministry of Land, Transport and Maritime Affairs as a party to the original regional