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(영문) 창원지방법원 2013.07.09 2011가단14025

소유권이전등기말소등

Text

1. Defendant C indicated in the attached Form No. 10, 9, 11, 12, 13, among the 3,634 square meters of forest land in Seongdong-gu, Sungwon-si, Changwon-si.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The land located in the shape close to a long-term square, Seowon-si H 245 square meters (hereinafter “H land”) in Changwon-si is located in the northwest-dong, and the North-do area is adjacent to the North-do area where the North-do area is open to the sea, and the North-do area is adjacent to the North-dong area of the said H area (hereinafter “I land”) and the North-do area is adjacent to the North-do area of the said H area. The North-do area is also adjacent to the North-do area of the said H and the North-do area is adjacent to the North-do area of the F forest area 4,096 square meters prior to the division (hereinafter “F forest prior to the division”). The south-dong area of each of the above land was adjacent to the North-do area of the F forest area of the Republic of Korea.

B. The Plaintiff was the owner of the above H land and the housing on its ground, and the Plaintiff’s Chok-in J is the owner of the above I land and its ground frequency (hereinafter “K”), and Defendant C was the owner of F forest and field before division.

C. The above H land and I’s housing and frequency were partly affected by F forest land before dividing (the part on H land indicated in attached Form H land (e) and part on I’s following land (c)). The Plaintiff and Defendant C, on December 29, 1998, deemed that the affected area was about 40 square meters as a result of a survey conducted on December 29, 1998, on the ground that the affected area was about 40 square meters, the Plaintiff purchased the above (e) portion, and the above (c) portion, where the Plaintiff was involved in housing among F forest land before dividing, from Defendant C, and paid the price in full.

On March 16, 2007, the Plaintiff sold the above H’s land and ground housing to the Intervenor Intervenor D (hereinafter “ Intervenor”) for KRW 148,00,000. In this case, the Plaintiff and the Intervenor made a special agreement as follows.

① Forest land (the area is inaccurate, but the (e) part of the F forest before subdivision seems to go against the forest land) located later than the above H land is purchased and used by the Plaintiff from the owner of the forest land at the time. As a result, even though part of the present lot number conflicts with the forest land, the issue of using the forest land (not including the claim for land rent, etc.) should not be known.

(2) It shall be incorporated into the above house.