소유권이전등기
1. All appeals filed by the plaintiff and the defendant are dismissed.
2. The costs of appeal shall be borne by each party.
The purport of the claim and appeal is the purport of the appeal.
Basic Facts
On June 4, 2005, the Defendant completed the registration of transfer of shares on February 22, 2005 with respect to 1/2 shares of 222,348 square meters of forests and fields D (hereinafter “the instant real estate before the instant partition”) in Gyeyang-gun, Gyeonggi-do.
On August 16, 2005, the Plaintiff purchased the purchase price of KRW 830 million (hereinafter “instant contract”) from the Defendant’s share in the real estate prior to the instant partition in KRW 50 million (hereinafter “instant contract”). On August 16, 2005, the Plaintiff paid the Defendant the remainder of KRW 30 million on August 16, 2005 and August 22, 2005, respectively.
On February 13, 2006, the instant real estate was divided into C forest land 19,322 square meters on February 13, 2006, and the said C forest was divided into E forest land 2,793 square meters and C forest land 16,529 square meters on November 7, 201 (hereinafter “instant real estate”).
In addition, while the Defendant owned 1/2 shares of the instant real estate, on April 2, 2007, as to some shares of other co-owners of the instant real estate (6,868/19,322) of the instant real estate on March 28, 2007, the Defendant became the registered titleholder with respect to the entire shares of the other co-owners (2,793/19,322) of the instant real estate on November 7, 201, by completing the registration of transfer of shares on November 7, 2011 due to the division of the co-ownership as of November 7, 201.
On the other hand, on October 21, 201, the Plaintiff prepared a written confirmation (hereinafter “instant written confirmation”) stating that “The Plaintiff shall delegate the right to sell and purchase to the Defendant in the instant sales contract, shall equally bear all the expenses to be incurred in the sale and purchase of land, and all the expenses (such as expenses for land price increase, taxes, divided expenses, etc.) incurred by the Defendant from 2005, and shall, in principle, be agreed up until November 4, 201.”
[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 4-1, Eul evidence No. 9-1, 3, Eul evidence No. 13-1, 13-1, and 13-1, and the ground for appeal as to the claim for the purport of the entire pleadings.