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(영문) 수원지방법원평택지원 2015.10.08 2014가합8884

소유권말소등기

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. D around 2004 purchased C forest land 5,554 square meters (hereinafter “the instant forest”) in Ansan-si, where E was owned in 2004, and completed the registration of ownership transfer in the Plaintiff’s name on October 18, 2004.

B. On May 20, 2004, the Defendant paid KRW 136 million out of the purchase price of the instant forest land to E on behalf of D.

C. D around October 2, 2008, extended a loan of KRW 250 million from the deceased agricultural cooperative on the security of the forest of this case from the deceased agricultural cooperative and set up a right to collateral security, which is the debtor D, and the creditor deceased agricultural cooperative, regarding the forest of this case.

D On February 2, 2009, between the Defendant and the Plaintiff entered into a sales contract to sell the instant forest for KRW 400 million to the Defendant under the name of the Plaintiff.

(hereinafter “instant sales contract”). E.

The Defendant completed the registration of ownership transfer under No. 4876 on the same day (hereinafter “instant registration of ownership”) with respect to the forest of this case on the ground of the instant sales contract on February 12, 2009, and the transaction value on the registry is KRW 400 million.

F. On September 25, 2014, the Defendant repaid KRW 249,898,820 to D’s dead agricultural cooperatives.

The registration of the establishment of a nearby port was cancelled.

[Ground of recognition] Gap evidence Nos. 1, 5, Eul evidence Nos. 1, 2, and Eul evidence Nos. 2 (a result of appraiser F's appraisal of the appraiser F's stamp image, the authenticity of the entire document is presumed to have been established, and each statement of Gap evidence Nos. 2, 3, and 4 is insufficient to reverse the above presumption on the sole basis of Gap evidence Nos. 2, 3, and 4), Eul evidence Nos. 3 and 4 (including the stamp number), and the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion that the purchase price of the instant sales contract was KRW 1.177,6 million.

The plaintiff notified the defendant to pay the purchase price on several occasions, but the defendant does not pay the purchase price without justifiable grounds.

(1)in the first place;