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(영문) 대구고등법원 2017.09.01 2016나22173

소유권이전등기

Text

1. The judgment of the court of first instance is modified as follows.

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is 525,770.

Reasons

1. Basic facts

A. The Plaintiff (which was changed from J on January 6, 2015 to A corporation as of January 6, 2015) is a company with the purpose of mine development project, etc.

On December 2, 2011, the Plaintiff purchased a mining right on E 134 (hereinafter “the instant mining area”) located in Ansan-si D (hereinafter “D”) and completed the registration of the transfer of a mining right.

The Defendant is the owner of the C forest land 38,678 square meters (hereinafter referred to as “instant forest”) in Ansan-si.

B. The Plaintiff, in writing with the confirmation of Plaintiff 1 and the written consent of Defendant 1, promoted a project to develop a mine in which tin is mined (hereinafter “the mine of this case”) within the mining area of this case. In order to develop the mine of this case, some of the forest land of this case located within the mining area of this case was required.

B Location 1 (Plaintiff No. 1 Certificate) of No. 1: The land category in the Dong-dong-dong-si: 38,678 square meters (11,700 square meters): B resident registration number: N, 38,678 square meters (11,70 square meters) of the area of mountain (forest) and 4,500 square meters (11,70 square meters) due to mining development, shall be purchased in installments from J and one other.

Provided, That it is to conclude a sales contract after obtaining the authorization and permission of the extracting plan, and deposit KRW 30,000,000 per day with the passbook presented by the owner, and the balance shall be paid in cash.

The address on July 25, 2013: The corporate number of P building O (P building 301): Q trade name: The location of 2 (Plaintiff No. 1 Certificate) No. 1-2 (No. 1-2) of the representative director of the JJ in charge of the dispute settlement of the RB RB L: The owner of Gyeong-dong C (area No. 4500 square meters): B the purchase price of approximately 4,500 square meters of the size of the land scheduled to be divided as set forth above, shall be KRW 270,000 per day.

(60,000 won per square day) The trade name shall be confirmed.

On December 25, 2013, O(PB/D 301) in Gyeongdong-si (PB/D 301) No. 2 (written consent of Defendant 1) in Gyeongbuk-dong-si (PB/D 38,678.0 square meters) in the location of land, 38,678.0 square meters in Gyeongbuk-dong-dong-si (PB/D 301) and the name B corporation (resident) registration number is N.