소유권이전등기청구권 시효소멸 확인청구
1. The plaintiff (Counterclaim defendant)'s main claim and the main claim are all dismissed.
2...
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 20, 2004, the Defendant concluded a sales contract of KRW 480 million with respect to the purchase price of KRW 1,323 square meters of D forest land 2485 square meters (hereinafter “the instant forest land”) out of Gari-si (hereinafter “instant forest land”) owned by E and E as a intermediary on August 20, 204, the Defendant determined to pay KRW 70 million of the same day the down payment, KRW 170 million of the intermediate payment on September 9, 2004, KRW 170 million of the intermediate payment, and KRW 240 million of the remainder on October 12, 2004.
B. On August 26, 2009, the instant forest was divided into 2,286 square meters of D forest and 2,286 square meters (hereinafter “the instant forest after the instant partition”) and 199 square meters of I forest and 199 square meters of land in Pakistan. At that time, the said forest and 199 square meters were expropriated in the Korea Land Development Corporation, and the said forest and 199 square meters of land were included in 1,323 square meters of the share subject to the instant sales contract.
C. On November 23, 2010, the Plaintiff, the head of E, succeeded to the share of E, 1,050 square meters of forest land after the instant division, and Plaintiff B, the spouse of E, respectively, inherited the share of 1,236 square meters of forest land subject to the instant sales contract, among forest land after the instant division. On January 6, 2011, Plaintiff A, due to inheritance by consultation division, was subject to 1,050 square meters of forest land after the instant division, as to the share of 2,286 square meters of forest land after the instant division, and the registration of ownership transfer was completed in the future of Plaintiff B, as to the share of 2,286 square meters of forest land after the instant division.
On the other hand, the forest of this case was designated as the land transaction permission zone on May 20, 2003, and was cancelled on May 24, 2013.
[Reasons for Recognition] Unsatisfy, Gap 1 through 5 (including each number, hereinafter the same shall apply), Eul 1 through 6, the purport of the whole pleadings
2. Determination as to a primary and preliminary principal lawsuit and a counterclaim
A. Determination E on the counterclaim claim and the Defendant entered into the instant sales contract, and the fact that forest land was cancelled on May 24, 2013 after the instant division was revoked in the land transaction permission zone.