소유권말소등기
1. The Defendant: (a) on August 19, 2013, the Suwon District Court Yang Pyeong-gun, Yangyang-gun, 7855 square meters for the Plaintiff’s forest land.
1. On July 11, 2013, the Plaintiff: (a) exchanged the Plaintiff’s forest land 7855 square meters (hereinafter “the instant forest”) of Gyeonggi-gun, Gyeonggi-do, Gyeonggi-do, the Plaintiff owned with Nonparty D with all of the D’s lease rights and D’s deposit refund claim, and house term with respect to the said commercial building owned by Nonparty E (hereinafter “instant commercial building”); (b) the difference in exchange is KRW 10 million with the Plaintiff paid to D [the Plaintiff as the contracting party] of the instant contract. However, the Defendant did not dispute with the contracting party; (c) it was deemed that the Plaintiff owned the object of the exchange contract; and (d) when considering that D fulfilled the consideration for the exchange contract, it is deemed that the said contract was for the Plaintiff, and the contracting party is the Plaintiff’s agent (see Article 115 of the Civil Act).
The Plaintiff and D subsequently revised the terms of the first exchange contract of this case as it paid KRW 35 million to the Defendant as the exchange difference.
On August 1, 2013, the Plaintiff completed the registration under the exchange contract to the Defendant designated by D upon D’s request. For this purpose, the Plaintiff sold the instant forest land to the Defendant at KRW 315,00,000,000, but the down payment of KRW 10,500,000,000,000 at the time of the contract, paid the remainder at the time of the contract, and completed the instant contract to pay the remainder of KRW 35,50,000,000 on August 16, 2013. On August 19, 2013, the Plaintiff completed the registration of ownership transfer for the instant forest land to the Defendant on August 19, 2013 by the Suwon District Court Yang-si Registry (No. 35388, Aug. 19, 2013).
According to the first exchange contract of this case, Nonparty D delivered to the Plaintiff the lease contract of August 16, 2013, stating that E leases KRW 100 million and monthly rent of KRW 3.5 million with respect to the commercial building of this case.
However, the above contract is delegated by D. E.