소유권이전등기
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On March 20, 2006, the basic facts were divided into C Forest C Forest 5,930С owned by the Defendant (hereinafter “the forest before the instant partition”) into the land of 594С, C Forest 594С, E forest 594С, E forest 594С, F forest 594С, G forest 589С, H forest 589С, I forest 59С, 594С, J forest 594С, J forest 594С, K forest 594С, and 10 lots of land of 594С. < Amended by Act No. 7872, Mar. 20, 2006>
[Ground of recognition] Each entry of Gap evidence 3 and 7 (including paper numbers)
2. The assertion and judgment
A. On March 3, 2006, M, who was entrusted by the Defendant with the sale of the forest land before the instant partition, was divided into ten parcels of forest land. Of them, M, on behalf of the Defendant, entered into a sales contract with the Plaintiff on March 3, 2006 with respect to the forest land JJ 594 square meters (hereinafter “instant forest land”).
Therefore, even though the Defendant is obligated to perform the registration of transfer of ownership of the forest of this case to the Plaintiff, the Defendant is liable to compensate the Plaintiff for damages equivalent to the value of the forest of this case since it was impossible to perform the said registration after selling the forest of this case to N andO
(b)The following facts of recognition do not conflict between the parties, or may be admitted by adding the whole purport of the pleadings to the entries in Gap evidence 1 to 5, and Eul evidence 1:
(1) On October 26, 2005, the Defendant entered into a real estate sales contract with M and the instant divided amount of KRW 300 million, on condition that the purchase price of the forest land shall be KRW 20 million, and the intermediate payment of KRW 147 million shall be KRW 100 million on November 1, 2005, and the remainder of KRW 1330 million on December 30, 2005, respectively (Provided, That a loan of KRW 147 million shall be succeeded to).
(2) On November 2005, M filed an application for provisional disposition of prohibition of disposal with respect to the right to claim the transfer registration of ownership pursuant to the sales contract for the forest land before the instant partition as the preserved right, and completed the provisional disposition registration.
(3) On March 3, 2006, the Plaintiff determined the purchase price as KRW 72 million with respect to M and the instant forest as of March 3, 2006, and concluded a contract amount of KRW 20 million.