2. The costs of lawsuit after filing an appeal shall be borne by the Plaintiff.

(a) In the forepart of the Plaintiff, the Defendants are primarily liable for the registration of transfer of ownership 73,389 square meters (hereinafter referred to as “the instant forest”) with respect to the same portion of the attached Table 1, 2, 3, 4, 6, 10, 15, 18, 21, 22, 29, 35, 42, 47, 51, 52, 58, 64, 65, 71, 77, 96, 103, 106, 113, 116, 117, 118, 114, 120, 125, 126, 129, 124, 126, 135, 164, 167, 167, 167, 167, 167, 167, 1664, 167

(b) Preliminaryly, the Defendants are entitled to indicate 1, 2, 3, 4, 5, 6, 10, 15, 18, 21, 22, 29, 35, 42, 47, 52, 52, 58, 64, 65, 71, 77, 96, 103, 106, 113, 115, 116, 117, 118, 119, 120, 124, 126, 136, 136, 142, 142, 148, 148, 167, 174, 167, 167, 167, 176, 167, 176, 176, 176, 176, 167, 167

C. Preliminaryly, the Defendants perform the procedure for cancellation of each registration of ownership transfer, which was completed with each receipt number of each of the items listed in Section (a) of Section (A) of Section 1 of the annexed Table 2 of the forest of this case and each of the items listed in Section (c) of Section 4 of the annexed Table with respect to each of the items listed in Section (c) of Section 4 of the annexed Table with respect to each of the items listed in Section (d) of the annexed Table 2 of the annexed Table to the Plaintiff (the Plaintiff added to Section 1 and Section 2 of the same Table). The Defendants listed in Section 3(d) of the annexed Table to the Plaintiff with respect to each of the items listed in Section (c) of Section 4 of the annexed Table with respect to each of the items listed in Section (a) of the same Schedule to Section (c) of the same case with respect to each of the items listed in Section (d) of the same Table from the Suwon District Court with respect to

The following facts may be acknowledged based on Gap evidence 1, Gap evidence 3, Eul evidence 4, Eul evidence 5-1, 2, Eul evidence 3-1 through 42, Eul evidence 3-1 through 42, Eul evidence 4-1 through 24, Eul evidence 1-1 through 8, Eul evidence 2-1 through 8, Eul evidence 2-1 through 8, and the fact inquiry results against the head of the Si/Gu who is the head of the Si/Gun/Gu at the time of the court of the first instance, and the whole purport of the arguments.

A. Sales contract between the Plaintiff and the Nonparty

(1) On August 2, 2004, the Plaintiff entered into a sales contract with the Nonparty with the content that the Plaintiff sells 21,000 square meters out of the instant forest land (22,200 square meters), which is a cadastral non-conforming land, to the Nonparty.

(2) However, as the Nonparty was unable to pay the intermediate payment and the remainder after paying the down payment of KRW 300,000,000, the Plaintiff, at the Nonparty’s request, rescinded the said sales contract with the Nonparty on October 26, 2004. On the same day, the Plaintiff concluded the first sales contract with the Codefendant, Codefendant, Ltd., Ltd., Ltd. (hereinafter “Newdon Korea”) on the same day.

B. The primary sales contract between the Plaintiff and new L&W Korea

(1) On October 26, 2004, the Plaintiff: (a) paid KRW 12,000 out of 22,200 of the forest land of this case (12,000 in the south side of the straight line divided into 10,200 square meters in the direction of Dong; (b) sold KRW 1,920,000 in the purchase price of KRW 1,920,000 in the south part of the straight line divided into 12,200 in the direction of Dong; and (c) sold KRW 5,00,000 in the remainder on November 2, 2004; and (d) handled KRW 1,420,000 in the remainder on November 16, 200; and (e) sold the down payment at his discretion to KRW 10,000 in the contract of this case and KRW 300,000 in the remainder on October 20, 200.

(2) However, new L&C Korea could not pay the sales balance for the above 12,000 square meters, and the Plaintiff and new L&C Korea changed the same as described in paragraph (c) on November 22, 2004.

C. The second contract between the Plaintiff and new L&W Korea

(1) On November 22, 2004, the Plaintiff sold 1,280,000 (222,200,2000,0000,0000,0000,000,000,000,000,000,000,000,000,00,000,00,000,000,00,00,000,00,00,000,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00,00.

(2) At the time of the change of the secondary contract, new L&C Korea paid the Plaintiff the down payment of KRW 500,000,000 out of the purchase price for the above 8,000 square meters. On November 23, 2004, it agreed to pay the remainder of KRW 780,000,000. Of the down payment for the above 4,000 square meters, for the above KRW 50,000,000 out of the said KRW 30,000,000 paid to the Plaintiff, the Nonparty deemed to have paid the remainder of KRW 50,000,000 among the said KRW 30,000,000,000, out of the remainder of the down payment, the Nonparty deemed to have paid the remainder of KRW 570,000,000 in lieu of the contract payment for the said KRW 300,005,000,000.

D. The third contract between the Plaintiff and new L&W Korea

(1) While new L&C Korea paid the full amount of the purchase price for the portion of 8,000 square meters out of the second contract, it did not pay any balance for the portion of 4,000 square meters until December 5, 2004, which is the remaining payment date. Accordingly, the Plaintiff and new L&C Korea changed the second contract on December 16, 2004 as follows (hereinafter “third amended contract”).

In other words, on December 16, 2004, the Plaintiff sold 400,000, the straight line in the direction of the Eastwest of 11,500 (22,500,000 square meters in the instant forest) from among the forest land divided into 22,200 square meters, ① the 8,000 square meters in the instant forest (22,00 square meters in the instant forest land, and the remaining 2,500 square meters after deducting the 11,500 square meters in the cemetery site from the 11,500 square meters in the instant forest and land, and ② the direct straight line in the direction of the Eastwest of 22,200 square meters in the instant forest and land was changed to the 11,70 square meters in the north part of the instant forest and the 111,700 square meters in the north part of the instant forest and then sold to 11,500,300 square meters in the instant forest and land (2008 square meters).

(2) According to a new third-party contract, 220,000,000 won out of the first 300,000,000 won paid by the Nonparty first, the remainder of 80,000,000 won shall be deemed to have been paid as part of the down payment and intermediate payment to the above 2,500 square meters. A new L&C Korea agreed to pay the remainder of 2,500 square meters up to December 16, 2004, and pay the remainder of 11,50 square meters to the remainder of 11,50 square meters up until December 31, 2004.

E. Progress of the third contract

New L&C Korea paid the full amount of the purchase price for the 2,500 square meters out of the forest of this case pursuant to the above third contract, but did not pay the said 11,500 square meters. Accordingly, on January 15, 2005, the Plaintiff notified new L&C Korea to pay the remainder of the 11,500 square meters of the forest of this case among the third contracts, and sent a letter verifying the content of the said 11,500 square meters if it did not pay the remainder within the said period.

(f) Transfer of shares;

On November 23, 2004, with respect to the portion corresponding to 8,000 square meters of the forest land of this case for which Newdon& Korea paid the purchase price, the Plaintiff completed the registration of transfer of shares on December 17, 2004 with respect to the portion corresponding to 40/11 of the forest land of this case for 2,500 square meters, and on December 17, 2004, with respect to the portion corresponding to 8,264/73,389 shares among the forest land of this case for 11,700 square meters of the remaining land for 100 square meters of land (330.58 square meters of land) from September 6, 2005 and completed the registration of transfer of shares corresponding thereto on September 8, 2005.

(g) Disposition and share transfer registration of new L&C Korea

On the other hand, new L&C Korea sold part of the forest of this case to the defendants, and completed each share transfer registration completed with each receipt number of each item of paragraph (e) of the same list in the Suwon District Court's Registry on the date specified in attached Table 4 (c).

2. The plaintiff's assertion

(a) The primary cause of the claim;

(1) The Plaintiff identified the forest land of this case with 8,00 square meters, 2,50 square meters and 11,700 square meters among 22,200 square meters, and specified 8,00 square meters and 2,50 square meters among them (attached 6,10,15, 18, 21, 22, 29, 235, 42, 47, 51, 52, 52, 58, 64, 65, 71, 77, 96, 103, 106, 103, 113, 115, and 116, the Plaintiff sold the forest land of this case to the Plaintiff and the Plaintiff’s 10,50 square meters of common ownership between the Plaintiff and the Plaintiff’s 10,000 square meters of common ownership (hereinafter “the Plaintiff’s 10,000 square meters of common ownership”).

(2) The new L&C Korea: (a) divided and traded to the Defendants a specific parcel of land in which both the remaining part of the instant land purchased by it and all the North part of the instant land that was not purchased by it; (b) among the Defendants, the purchaser of the land located in the south part of the instant case did not purchase the North part of the instant land; and (c) the Defendants prepared and issued a written confirmation to the effect that the Plaintiff recognized the Plaintiff as the actual owner of the North part of the instant case and would not raise any objection to the Plaintiff’s actual ownership; (b) constituted a sectionally owned co-ownership relationship between the Plaintiff and the Defendants, the final buyer; (c) upon delivery of the duplicate of the instant complaint, the mutual title trust based on the sectionally owned co-ownership relationship established between the Plaintiff and the Defendants; and (d) seek the cancellation of each share transfer registration in the name of the Defendants, as stated in the primary claim, with regard to the land located in the instant north part of the instant case.

(b) First preliminary claims;

(1) Many of the Defendants specified and purchased part of the remaining parts of the instant case, and thus, they cannot acquire ownership in the North part of the instant case, and even if the remaining Defendants purchased part of the North part of the instant case from the new L&C Korea, the Plaintiff did not sell the North part of the instant case to the new L&C Korea, thereby failing to acquire any right to that part. Accordingly, the remaining Defendants cannot acquire ownership in the North part of the instant case.

(2) Therefore, the Plaintiff, as a sole owner of the north side of the instant case, is an act of preserving the ownership or at least one of co-owners, seeking the cancellation of each share transfer registration for invalidation of cause completed in the name of the Defendants.

(c) Grounds for preliminary claims;

In purchasing part of the forest land of this case from Newdon Korea, the Defendants purchased a specific temporary partition as well. The remaining Defendants except the Defendants (the same shall apply to the indication in attached Table 2) who purchased a specific temporary partition (the same shall apply to the indication in attached Table 3 (a)) from the North part of the land north part of this case, and the part (the same shall apply to the description in attached Table 1 (a)) which is not sold to any person, have no possibility to acquire ownership. Thus, there is no possibility to acquire ownership. Therefore, since each transfer registration in the name of the Defendants is null and void, each transfer registration in the name of the Defendants is liable to cancel each transfer registration completed in the name of the Defendants, and there is a duty to cancel the provisional partition (the same shall apply to each entry in attached Table 3 (a)) from the North part of the land of this case.) other than the Defendants who purchased the specific temporary partition (the same shall apply to each entry in attached Table 3 (c)), since they do not acquire ownership of the remaining part of the land of each specific purchaser.

3. Determination

A. Judgment on the main claim

(1) First of all, according to the statements in health room, Gap evidence Nos. 3 and 4, Gap evidence Nos. 5-1, and Nos. 7-1 through 43 as alleged by the plaintiff, new L&C Korea concluded that when the plaintiff or a third party designated by the plaintiff later at the time of concluding the first, second, and third contracts, new L&C Korea shall have the right to separate ownership of the forest of this case in installments. At the time of concluding the second and third contracts, the plaintiff and new L&C Korea agreed that the separate payment of the forest of this case shall be made in installments, respectively. The plaintiff and new L&C Korea agreed that the remaining payment date shall arrive first from the part located south of the forest of this case, and some of the defendants shall sell the remaining parts of this case to new L&C Korea through a sales contract more than two times to acknowledge that the plaintiff or new L&C Korea should not own the forest of this case in installments if the plaintiff or new third party designated by the plaintiff or the plaintiff.

그러나, ① 구분소유적 공유관계가 성립되려면 기본적으로 각 공유자들 상호간에 그 토지의 위치와 면적을 특정 부분으로 구분하여 배타적으로 사용·수익하는 법률관계가 성립되어야 하는데, 이 사건의 경우에는 1차, 2차, 3차 계약을 통하여 원고가 이 사건 임야 전체 22,200평의 거의 대부분에 해당하는 22,000평을 신도앤코리아에게 매각하는 것으로 되어 있어 사실상 원고가 배타적으로 사용·수익하는 부분은 없게 되는 것이어서, 1차 내지 3차 계약 체결 당시 원고는 신도앤코리아와 사이에 구분소유적 공유관계가 있을 것을 예상하지 않았던 것으로 보이고, 위 단독 소유 등기절차 약정은 이 사건 임야 중 당초 매매목적물에서 제외된 잔여 토지 200평을 염두에 두고 그와 같이 정한 것으로 보이는 점, ② 앞서 1. 기초사실에서 본 바와 같이, 당초 원고는 소외인에게 이 사건 임야 22,200평 중 대부분에 해당하는 21,000평을 하나의 목적물로 매도하기로 하는 매매계약을 체결하였으나 그가 계약금만 지급하고 중도금, 잔금을 지급하지 못하자 이를 합의해제하고 소외인이 운영하는 신도앤코리아와 사이에 매매계약을 체결하는 과정에서, 이 사건 임야를 처음에는 12,000평과 10,000평으로 분할하여 매도하기로 하였다가 위 12,000평 부분을 다시 8,000평과 4,000평으로 세분하였고 최종적으로는 매매대금을 전부 지급한 8,000평은 제외하고, 4,000평을 다시 2,500평과 1,500평으로 나눈 다음, 그 1,500평은 위 10,000평에 합산함으로써 결국 매매목적물을 2,500평과 11,500평으로 분할하고 그에 해당하는 부분에 대한 대금 액수 및 지급시기를 따로 하는 것으로 계약 내용을 변경하였는데, 그와 같이 계약 내용이 변경되었어도 분할된 면적만 변경이 있었을 뿐 그 대금 총액이 3,520,000,000원으로 항상 동일하였던 점(3차 계약의 경우는 그 대금 합산액에 이미 이행이 종료된 8,000평의 가액을 합하면 1차 및 2차 계약의 매매대금 합산액과 같다)에 비추어 보면, 이는 기본적으로 원고나 신도앤코리아가 특정 부분을 배타적으로 사용·수익하기 위한 것이 아니라, 자금 여력이 부족한 소외인이나 신도앤코리아가 중도금 또는 잔금의 지급을 거듭 지체하자, 이 사건 임야 전체를 하나의 매매목적물로 하기보다는 이 사건 임야를 분할하고 그에 따라 대금도 따로 지급하도록 함으로써 매매계약 전체가 중도에 해제되는 것을 방지하기 위한 의도에서 비롯된 것으로 보이고, 그러한 맥락에서 2차 계약 및 3차 계약 당시 원고와 신도앤코리아는 이 사건 임야를 분할하여 따로 따로 대금 지급을 정한 부분을 각각 독립한 계약을 본다고 약정하게 된 것으로 보일 뿐, 신도앤코리아가 이 사건 임야 중 원고가 주장하는 바와 같이 이 사건 남쪽부분만을 특정 부분으로 구분하여 배타적으로 사용할 의사였던 것으로 보이지 않는 점, ③ 1차 계약 및 2차 계약에 의하면, 매매목적물 10,000평 부분에 관하여는 이 사건 임야 중 북쪽부분 10,200평 중에서 원고가 임의로 위치를 지정하는 10,000평 부분이라고 규정하고 있으며, 3차 계약 당시 매매목적물 11,500평 부분에 대하여도 이 사건 임야 중 북쪽부분 11,700평 중에서 원고가 임의로 위치를 정하는 11,500평 부분이라고 규정하고 있어, 위 10,000평 부분 및 11,500평 부분이 공유자인 신도앤코리아나 원고가 배타적으로 사용·수익을 할 수 있을 정도로 그 토지의 위치와 면적이 특정되었다고 보기에 부족한 점, ④ 갑 제1호증, 갑 제14호증, 을나 제3호증의 2, 3, 7, 9, 14, 25, 26, 34, 35, 을나 제4호증의 2, 을다 제1호증의 4의 각 기재에 의하면, 신도앤코리아는 원고에게 매매대금을 완납하여 자기 명의로 지분이전등기를 하기도 전에 피고 1, 2, 3, 5, 10, 22, 23, 34, 37, 38, 58 등에게 가분할도 상 이 사건 북쪽부분 토지에 해당하는 일부를 매각한 사실이 인정되는데, 이는 신도앤코리아가 이 사건 북쪽부분을 포함한 이 사건 임야의 대부분에 해당하는 22,000평을 매수한 당사자로서, 이 사건 북쪽부분에 대한 매매계약이 대금 지급의무의 불이행 등으로 해제되는 것과 같이 그 소유권을 취득할 수 없게 되는 상황을 예상할 수 없었던 데에서 비롯된 것으로 보이는 점, ⑤ 이 사건 임야는 지적 불부합 지역에 해당하므로, 당초 1차, 2차 및 3차 계약을 체결할 당시부터 원고나 신도앤코리아가 배타적으로 사용·수익하는 부분을 구체적으로 특정하기도 어려웠던 점 등에 비추어 보면, 앞서 본 단독 소유등기 절차 이행약정 또는 이 사건 임야를 세분하여 각기 따로 대금을 지급하기로 한 부분을 각각 독립한 계약으로 보기로 약정하였는데, 대금 지급의무 불이행으로 그 중 이 사건 북쪽부분에 관하여 원고가 신도앤코리아에게 해제 통지를 한 사정 및 피고들이 서명 날인한 이 사건 확인서의 기재만으로는, 원고와 신도앤코리아 사이에 이 사건 임야에 관한 구분소유적 소유관계가 성립되었다고 보기 어렵다.

(2) In a case where the Plaintiff and new L&C Korea establish a sectionally owned co-ownership relationship with respect to the forest of this case, and the registration of co-ownership transfer, which was completed in the name of the Plaintiff and new L&C Korea, is deemed to exist in a mutually nominal trust relationship with respect to the forest of this case, there may be cases where each sectional co-owner disposes of his/her rights to another person, as to whether he/she succeeds to the status of new L&C Korea, there may be cases where he/she transfers his/her co-ownership share on the registry while disposing of the specific portion, which is the object of sectional ownership, as a table for the specific portion, and where he/she disposes of his/her co-ownership as a true co-ownership for the entire parcel of land as recorded in the registry, and in the case of the former, a sectionally owned co-ownership relationship with the third party shall be succeeded to, but in the latter case, the third party acquired his/her co-ownership share to the entire real estate, and the sectionally

According to the evidence Nos. 14, 8, 10, 12, 13, 18 through 23, 18, and 18 of the evidence Nos. 18 of this case, the Defendants indicated the part of the forest land of this case to be purchased by new Korea from new Korea at the time of purchase of part of the forest land of this case from new Korea. The Defendants indicated the separate portion of the forest land of this case at the same time as 150 square meters and 200 square meters, not the specific shares of the forest land of this case. The Defendants indicated the separate portion of the land of this case to be purchased by new Korea from new Korea. The Defendants indicated the separate portion of the land of this case at the same time as 0,000 square meters from new Korea’s own land of this case at 0,000 square meters and 30,000 square meters from new Korea’s own land of this case. However, in light of the aforementioned facts, it can be seen that the new Korea Land Nos. 18 of this case can be seen from new Korea’s.

Therefore, the plaintiff's primary claim is without merit.

B. Determination of the first preliminary claim and the second preliminary claim

Next, with respect to the Plaintiff’s preliminary claim, as seen earlier, the Plaintiff’s preliminary claim seeking cancellation on the premise that each share transfer registration concerning the North Korea’s portion of the instant forest, which was completed in the name of the Defendants, is null and void, and that the Defendants purchased on the basis of a provisional partition. However, such circumstance alone is insufficient to recognize that the Defendants purchased each part of the instant forest by specifying the relevant land. Accordingly, there is no other evidence to acknowledge otherwise. Accordingly, the Defendants lawfully acquired shares concerning the entire portion of the instant forest, which is not a specific part, and the shares acquired by the Defendants are against the entire forest of this case. Accordingly, the Plaintiff’s preliminary claim seeking cancellation on the premise that each share transfer registration concerning the North Korea’s portion of the instant forest of this case, which was completed in the name of the Defendants, is null and void, and the Plaintiff’s secondary preliminary claim seeking the registration of shares transfer in the name of the Defendants on the premise that the part not purchased by the Defendants is specific, and all of the Plaintiff’s preliminary claims

4. Conclusion

Therefore, the plaintiff's primary claim against the defendants is dismissed as it is without merit, and the judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed as it is without merit, and the additional preliminary claim in the court of first and second instances is dismissed as it is without merit. It is so decided as per Disposition.

[Attachment Table 1, 2, 3, 4] : List of Defendants, 1, 2, 3, and 4

Judges Lee Dae-Gyeong (Presiding Justice)