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(영문) 부산지방법원 2017.07.18 2015가단33911

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. The Defendant is the owner of Ulsan-gun-gun D Forest land 14,272 square meters and 1,653 square meters of forest E in Ulsan-gun, Ulsan-gun (each of the above forests was divided into 15,925 square meters of D Forest land in Ulsan-gun, Ulsan-gun, Ulsan-gun on May 9, 2005; hereinafter “the instant forest”).

B. On May 25, 2005, F entered into an exchange contract between the Plaintiff and the Plaintiff to exchange without the difference between the Plaintiff and the Plaintiff’s agent’s “Seoul-gun G site approximately 80 square meters, Co., Ltd., 5IP membership right 1, 48 square meters in the Seoul-dong-gu H, Busan-dong-gu, and the “Slsan-gun D Forest No. 4,816 square meters in share 400 square meters” owned by the Defendant (hereinafter “instant exchange contract”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings

2. The plaintiff's assertion

A. The primary argument is that the Plaintiff entered into the instant exchange contract with F, a representative of the Defendant, and the Defendant is obligated to implement the registration procedure for ownership transfer of 1,323 shares (40 square meters) of the instant forest land in accordance with the instant exchange contract.

B. Even if the first preliminary assertion withdrawn the right of representation conferred by the Defendant to F and did not have the right of representation to F at the time of entering into the instant exchange contract, the Plaintiff had justifiable grounds to believe F to have the right to enter into the exchange contract on behalf of the Defendant, and thus, the Defendant is obliged to implement the procedure for registration of ownership transfer as to shares 1,323 out of the instant forest land in accordance with the express representation doctrine under Articles 125 through 129 of the Civil Act.

C. Around April 21, 1999, the 2,816th of the instant forest land was adjusted by the Defendant’s wifeJ and the instant forest land, etc., and the 2,816th of the instant forest land was agreed to the F’s share (the F’s share was to be KRW 1,816), the remainder 2,00 of the 2,00th of the forest land was to be the J’s share, and the F decided to sell its share in direct installments to other persons.

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