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(영문) 의정부지방법원 2017.03.09 2016가단111164

소유권이전등기

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1. The Defendant’s KRW 48,00,000 and its amount shall be 5% per annum from September 11, 2002 to October 20, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) On January 24, 2002, the Defendant divided the part equivalent to 23,802 square meters of C forest land into divided ownership, which is 23,314 square meters in Si-Yung City prior to the division. The Defendant completed a share transfer registration as to 2314/2 of the above forest land out of the registration amount. 2) The forest land prior to the division was divided into C forest land and other D or E forest land in accordance with the judgment on partition of co-owned property as to the above forest land, which became final and conclusive on June 23, 2005 (Uwon District Court Decision 2004Da23615).

At the time of the judgment on partition of co-owned property, the Defendant: (a) obtained the ownership of F forest land 2,314 square meters (hereinafter “instant forest”) on June 23, 2005, on the ground of the above partition of co-owned property.

3) On September 10, 2002, the Plaintiff agreed between the Defendant and the Defendant to purchase 300 square meters of the part corresponding to the present forest land at the time (hereinafter “instant sales contract”).

(B) However, the Plaintiff agreed to make a transfer of ownership in the name of the Plaintiff on the portion of 991/2314 out of the forest of this case. B. At the time of the instant sales contract, the Plaintiff paid KRW 48,000,000 (hereinafter “the instant sales price”) to the Defendant at the time of the instant sales contract.

(C) The Plaintiff notified the instant complaint to perform the obligation to transfer ownership under the instant sales contract, and the instant warden was served on June 7, 2016 on the Defendant.

In addition, the Plaintiff expressed his/her intent to cancel the instant sales contract with the application form for modification of the purport of the instant claim and the cause of the claim, and the declaration of intent to cancel the contract was delivered to the Defendant on October 20, 2016.

2) The Defendant did not grant the Plaintiff the registration of transfer of the above equity interest or deliver the documents necessary for the registration of transfer of equity interest to the Plaintiff until the date of closing the argument. [The fact that there is no dispute over the grounds for recognition, evidence A1 through 4, and evidence B.