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(영문) 대구지방법원 서부지원 2018.11.29 2017가단51195

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On June 11, 2010, H 857 square meters of H 857 square meters of forest in Daegu-gun was divided into 415 square meters of H 415 square meters of forest and 442 square meters of forest. On August 8, 2016, I forest was divided into 433 square meters of forest and 442 square meters of J 9 square meters of forest and 433 square meters of forest and 433 square meters of forest were divided into 207 square meters of forest and 226 square meters of K 26 square meters of forest and land.

(hereinafter referred to as “instant land”) 207m2 and J forest 9m2. B.

On December 26, 2006, the Plaintiffs entered into a sales contract with L Co., Ltd. (hereinafter referred to as “L”) on the instant land and completed the registration of ownership transfer on December 29, 2006, and L entered into a trust contract with G Co., Ltd. (hereinafter referred to as “G”) on December 29, 2006 and completed the registration of ownership transfer on the same day.

C. On October 28, 2009, the Defendant formulated a business plan to open access roads to the M Center (the name of the Ncultural Center is changed; hereinafter “instant cultural center”) on the one hand of the instant land, and announced the implementation plan on April 1, 2010 (hereinafter “instant cultural center opening project”), and accepted the instant land on October 12, 2010.

The Plaintiffs asserted that the sales contract for the instant land was rescinded, and filed a lawsuit against L and G seeking cancellation of ownership transfer registration against L and G on June 16, 2014, and the decision to recommend reconciliation was finalized to the effect that “L and G shall implement each procedure for cancellation of ownership transfer registration to the Plaintiffs” on February 9, 2015 from the above case [Seoul District Court Decision 2014Da19619 (Main Office) and 2014Gadan38276 (Counterclaim)].

E. The Plaintiffs filed a lawsuit against the Defendant, etc. on November 17, 2014, asserting that the instant cultural center access project was void as a matter of course, and filed a claim for cancellation of ownership transfer registration. However, on August 12, 2015, the Daegu District Court Branch Branch Decision 2014Ga3465 decided to dismiss the Plaintiffs’ claim.

Accordingly, the Plaintiffs.