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(영문) 대전지방법원서산지원 2017.06.14 2016가단6714

소유권이전등기

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1. The Defendants’ share of 2,145/15,669 m2,15,669 m2,15,207 in relation to the Plaintiff’s forest land D. 15,669 m2.

Reasons

1. Determination as to the cause of claim

A. (1) The plaintiff is the same living together with the network E, and the defendants are the children of the network E.

(2) In accordance with the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3562), E completed the registration of ownership transfer or registration of ownership transfer on August 3, 1984 with respect to D 15,669 square meters of forests and fields (hereinafter “the instant forest”) and F 1,332 square meters of land, G 985 square meters of land, and H 618 square meters of land.

(3) On February 29, 2008, E completed the registration of ownership transfer for the said F, G and H land on the ground of sale on May 1, 198, 198, pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”).

(4) Meanwhile, on May 1, 1987, the Plaintiff’s letter of guarantee under the Act on Special Measures for the Management of the Forest Land, which was in fact owned by purchasing 4,290 square meters among the forest of this case from E, was written on the street in 2007, but the registration of transfer of ownership based on the said letter of guarantee was not completed.

(5) As E dies on December 22, 2011, the Defendants completed the registration of ownership transfer on May 14, 2012 due to inheritance by agreement division as to each of the instant forest areas.

(6) Defendant B demanded the Plaintiff to transfer KRW 1300 out of the instant forest land, and around September 9, 2014, prepared a sales contract stating that approximately KRW 650 out of the Defendant B’s shares in the instant forest land would be sold to I, who is the Plaintiff, to KRW 57,300,000,000, and delivered it to the Plaintiff. However, the actual sales contract is not concluded.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 9 and 12 (including paper numbers), witness J's testimony, purport of whole pleadings

B. In light of the fact of the above recognition on the board, it can be recognized that there was an agreement between the deceased E and the Plaintiff on the transfer of 4,290 square meters of the forest of this case between the Plaintiff on the date in 2007. Thus, the Defendants, the deceased E’s heir, pursuant to the transfer agreement on the date in 2007, are the Plaintiff.