소유권이전등기
1. Defendant B received KRW 40,000,000 from the Plaintiff simultaneously with the Plaintiff’s payment:
A. The forest land D is not less than 198 square meters in Yangju-si.
1. Basic facts
A. On December 30, 2005, the Plaintiff purchased 200,000,000 square meters of D forest land designated as a land transaction permission zone from Defendant B in Yangju-si (hereinafter “instant forest”).
(hereinafter “instant sales contract”). B.
On the date of concluding the instant sales contract, the Plaintiff paid the down payment of KRW 20,000,000 in the intermediate payment of KRW 140,000 within 30 days from the date of entering into the contract, and the remainder of KRW 40,000,000 within 10 days from the date of entering into the contract, in each E’s bank account (G). The Plaintiff paid the down payment and intermediate payment to Defendant B, but the remainder does not pay.
C. On January 30, 2012, the instant forest was released from designation in the land transaction permission zone.
On September 1, 2005, the Defendant completed the provisional registration of the right to claim ownership transfer (hereinafter referred to as the “provisional registration of this case”) on the ground of the trade reservation made on December 10, 2004 (hereinafter “instant trade reservation”) with respect to the forest land of this case as of September 1, 2005 by the Government Registry of the District Court, No. 86184, Sept. 1, 2005.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. According to the facts of the judgment on the cause of the claim, Defendant B is obligated to pay the remainder of the sales contract of this case to the Plaintiff at the same time upon receiving KRW 40,000,000 from the Plaintiff, and to take the procedure for the registration of ownership transfer based on the sales contract of December 30, 2005 with respect to the forest of this case to the Plaintiff, and to deliver the forest of this case to the Plaintiff.
B. Defendant B’s assertion and determination of Defendant B, “(i) Nonparty E entered into the instant sales contract without obtaining lawful power of representation from Defendant B, and thus, the instant sales contract is null and void.
② Defendant B, by deceiving Nonparty E, that “When entering into the instant sales contract, the instant sales contract would bring about KRW 1.25 billion for the separate land.”