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(영문) 대전지방법원 천안지원 2018.01.17 2016가단15514

소유권이전등기

Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. A. Around June 27, 2003, the Defendant and C entered into an exchange contract with the content that the land located in Dong-gu, Dong-gu, Dong-dong, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu, Dong-gu (hereinafter referred to as “Dong-dong land”) had been owned by the Defendant to exchange the land of 843 square meters prior to F, 391 square meters prior to F, G forest, 1,076 square meters, and H prior to H owned by C (hereinafter “instant exchange contract”).

In accordance with the instant exchange contract, on July 23, 2003, the Defendant completed each registration of ownership transfer with respect to the area of 1,150 square meters prior to H, and on the area of 843 square meters prior to D, 391 square meters prior to F, and 1,076 square meters in G forest.

B. A forest land of G 1,076 square meters was subject to registration conversion into 1,140 square meters of I forest land around February 16, 2005, and among which 256 square meters were divided into J, and 272 square meters into K.

D The land category was changed to forest land on February 13, 2004 with respect to 843 square meters prior to D, and around February 16, 2005, the said I forest land was combined with 612 square meters, and on December 21, 2005, it was divided into L on December 21, 2005.

On July 23, 2008, the land category of L 561 square meters was changed to a site around July 23, 2008.

C. Around August 21, 2008, the Defendant and C agreed to cancel the part relating to Land 561 square meters among the instant exchange contract, and revoked the registration of ownership transfer of C on August 22, 2008.

On the other hand, since around 2005, the defendant has been running the E-dong housing site development project by using M Co., Ltd. (hereinafter “M”) as a executor.

From around 2006 to 2009, the Defendant transferred the ownership of E-dong land located in E-dong development area to M.

On April 15, 2009, the defendant completed the registration of transfer of ownership on the ground of sale on April 13, 2009 with respect to 890 square meters of N forest land in M.

However, the above housing site development project was unpaid due to M's default.

On February 6, 2012, neighboring real estate lots, including the above real estate, were sold at a voluntary auction, and on February 8, 2012, the registration of transfer of ownership was completed in the name of O on the 890 square meters of N forest land.

E. C around June 2017, the Plaintiff, and the part of the exchange contract with the Defendant regarding Lan Forest land of 561 square meters under the instant exchange contract is deemed to have been rescinded on August 21, 2008.