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(영문) 춘천지방법원 2020.06.24 2019가단52306

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 19, 2002, the Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the H (E’s husband and wife) representing E, F, and G on the basis of the introduction of D on October 19, 200, with respect to “1,841 square meters and 10,000 square meters out of 72,198 square meters of the land owned by the G, Hongcheon-gun, Gangwon-do, Hongcheon-do, and JJ forests owned by E (hereinafter “the instant forest”).

B. On October 19, 2002, the Plaintiff paid KRW 20,000,000 to H as the purchase price for the instant forest land, and KRW 20,000,000 on October 22, 2002, and KRW 160,000,000 on November 15, 2002, respectively.

C. On November 7, 2002, the Plaintiff was divided into 1,741 square meters of I forest and 100 square meters of K forest and 1,841 square meters on November 7, 2002, as indicated in the separate sheet. Of November 19, 2002, the Plaintiff completed each registration of ownership transfer with respect to 1,741 square meters of I forest and 1/2 shares of K forest and 100 square meters of 1,741 square meters of forest and 1/2 shares of K forest.

On November 7, 2002, J-gun, Hongcheon-do was divided into 33,518 square meters of J forest, 3,639 square meters of L forest, 1,983 square meters of M forest, 33,058 square meters of N forest, and 33,058 square meters of N forest, as indicated in the annexed division.

Of them, M Forest land 1,983 square meters was divided into 659 square meters and 1,324 square meters for M forest land on December 1, 2004. Of them, M forest land 659 square meters was converted into 695 square meters for P forest land on December 26, 2005, and was divided into 364 square meters for P forest and Q 331 square meters on January 24, 2006.

On November 19, 2002, the Plaintiff completed the registration of ownership transfer with respect to shares 1653/1982 out of M forest land 1,983 square meters, and on October 9, 2003 with respect to the above shares 1653/1983 shares, the Plaintiff registered the ownership transfer in R’s name.

With respect to the Plux 364 square meters divided in M forest, the registration of ownership transfer was completed in the name of R on February 14, 2006, and on March 30, 2006, the registration of ownership transfer was completed in the name of the Plaintiff, and on January 23, 2009 with respect to the 1,324 square meters of O forest, each registration of ownership transfer was completed in the name of the Plaintiff on November 4, 2015.

E. The Plaintiff completed the registration of transfer of ownership on November 19, 2002 with respect to N forest land 3,058 square meters, and the Plaintiff’s 33,058 square meters with N forest land 29,758 square meters and C forest land 3,300 square meters or less on August 3, 2005.