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(영문) 서울고등법원 2020.02.06 2018나2072315

소유권이전등기 등

Text

1. Of the part on the principal lawsuit in the judgment of the court of first instance, the part on the Defendant-Counterclaim Plaintiff against the Plaintiff (Counterclaim Defendant) and the Plaintiffs.

Reasons

1. Basic facts

A. On July 23, 2002, the Plaintiff A and the net F (hereinafter “Plaintiff A, etc.”) purchased KRW 740,000,000 from the Defendant for the purchase of KRW 740,00,00 for G forest land (the land was converted into registration on December 11, 2003 and became H, for the instant land; hereinafter “instant land”) by determining that the Plaintiff A and the net F together purchased shares of KRW 2/3, and the net F, as one-third shares, from the Defendant on July 23, 200.

(hereinafter “instant sales contract”). B.

On September 9, 2002, the Plaintiff A et al. paid the full purchase price under the instant sales contract to the Defendant, but did not complete the registration of transfer of ownership on the instant land.

In lieu of these, if the land of this case is expropriated or acquired through consultation with the State, the defendant shall receive the above money once, and the defendant shall pay the plaintiff A, etc. the remaining money after limiting the expenses incurred in the contract of this case such as capital gains tax, etc.

(The terms and conditions of the instant sales contract provide that “All taxes shall be borne by the purchaser,” and hereinafter the Defendant’s payment to the Plaintiff, etc. shall be referred to as “the instant settlement amount”).

1) On December 15, 2003, the instant land was divided into 1,979 square meters of H forest land, 1,984 square meters of forest land, 1,984 square meters of J forest land, 1,902 square meters of K forest land, and 593 square meters of K forest land. 2) The part of the instant land was incorporated into the L Highway site. ① The entire H land was divided into 412 square meters of H farm site and 1,567 square meters of M farm site on August 2, 2006, and the ownership transfer registration was completed on June 8, 2006 under the name of the State on the same day.

② The transfer registration of ownership was completed on December 1, 2005 in the name of the State on December 23, 2005 under the name of the State.

(3) On December 23, 2005, J land is wholly a site for J farm.