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(영문) 의정부지방법원 고양지원 2018.06.01 2015가합75254 (1)
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) Defendant C and D (hereinafter “Defendant C, etc.”) related to the punishment.

(2) Defendant B, etc. owned each real estate listed in the attached Table as a senior co-operation relationship with Defendant C, etc., and owned each real estate listed in the attached Table, as a co-operation relationship with Defendant C, etc., by means of utilizing the right of re-building (the right of a house owner within a development restriction zone to construct a new building by obtaining a building permit within another development restriction zone in the neighboring development restriction zone).

B. 1) Conclusion of a contract to sell land within a development restriction zone E forest and housing A) F is a forest land of 3,380 square meters (hereinafter referred to as “H forest E before division”) in Gyeyang-gu Seoul Metropolitan City (hereinafter referred to as “Gdong”). On February 5, 2007, the forest land of H (I before the correction of lot numbers) 2,762 square meters (hereinafter referred to as “H forest”) from the said forest land.

(ii) owned the Divided ownership.

On the other hand, on the ground of the forest land E (H) before partitioning, there were 54 square meters of bricks and housing owned by J (hereinafter “H housing”), but F purchased this and transferred the name of the owner on July 25, 2005, on the building ledger within the development restriction zone of the said housing.

B) On August 1, 2005, Defendant D purchased H’s housing at KRW 42,00,000, but the down payment of KRW 10,000,000 on the contract date; the remainder of KRW 32,00,000,000 on September 20, 2005 (Evidence B) entered into a sales contract with F; and paid KRW 10,000,000 on the same day; and KRW 32,00,000,000 on October 21, 205; c) the Plaintiff purchased from F on October 20, 2006 the part of H’s forest in the E forest before subdivision from F on the purchase price at KRW 240,00,00 on the purchase price, and completed the registration of ownership transfer under the Plaintiff’s name on May 7, 2007.

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