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(영문) 서울고등법원 2017.07.07 2016나2053884

소유권이전등기

Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

Plaintiff

A's surrounding part.

Reasons

The facts below are without dispute between the parties, or acknowledged based on Gap evidence of No. 1 through 4, 11 (including the serial numbers; hereinafter the same shall apply), Eul evidence of No. 1, 2, 3, 10, and 11.

[1] On June 11, 2005, Defendant C entered into a contract with the I to purchase KRW 1.8 billion J-based land of KRW 41,214 square meters (hereinafter referred to as “land before subdivision”; and when specifying land (hereinafter referred to as “land before subdivision”), the land was to purchase at least KRW 1.8 billion (hereinafter referred to as “the first sale contract in this case”).

At the time, Defendant C and I (attached Form 2) prepared a sales contract.

The Plaintiffs, before the initial sales contract, received proposals from Defendant C and her husband, that “it has a good land for entertainment, and the size of the land is too large.”

The plaintiffs accepted the above proposal and paid the △△△ plaintiff A a total of KRW 250 million on June 13, 2005, KRW 15 million on July 11, 2005, KRW 90 million on August 10, 2015, KRW 80 million on August 6, 2005, and KRW 250 million on August 11, 2005, KRW 200 million on the basis of the purchase price, and KRW △△△ plaintiff B shall pay KRW 14 million on March 14, 2005, KRW 10 million on the pretext of the purchase price, and the same year.

6. 15.10 million won, and the same year.

7.1. 30 million won, per year;

8. 10.50 million won each paid 100 million won.

[2] The land before subdivision was partitioned and registered as listed below.

5. Forest land: The number, land category, and area on July 18, 2005, on the date of subdivision of the parcel number, land category, and area on the date of subdivision; on August 11, 2005, J Forest 4959 square meters; on August 11, 2005, the registration conversion K 4968 square meters on August 11, 2005, the forest land of which is 1653 square meters on August 11, 2005, the forest of 1653 square meters on August 11, 2005, the forest of 1653 square meters on August 11, 2005, the forest of 1652 square meters on July 18, 2005, the forest of 11696 square meters on July 18, 2005, the forest of 1279 square meters on July 18, 2005, the forest of 15.