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(영문) 의정부지방법원 2016.10.11 2016가단100263
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On March 29, 2010, E Co., Ltd. (hereinafter “E”) completed the registration of ownership transfer with respect to the Defendant with respect to forest land Felon 3769 square meters (hereinafter “C before division”) and D forest land 595 square meters (hereinafter “each of the above real estate”) due to the sale on February 30, 2010.

B. On June 16, 2010, 3769 square meters of F forest land in Gyeonggi-gu was subject to registration conversion on June 16, 2010 into 3758 square meters of forest land in Pyeongtaek-gun, Gyeonggi-do.

C. Meanwhile, on June 16, 2010, the land size of 3758 square meters in the Gyeonggi-gun C forest was divided into 2720 square meters in C forest and 2727 square meters in G forest and 211 square meters in H forest. On April 18, 2012, in relation to the land size of 476/2720 square meters in Gyeonggi-gun C forest and 2720 square meters in sports as of April 17, 2012, the registration of ownership transfer in the name of J was completed, and the registration of ownership transfer in the name of J was completed for shares of 416/2720.

In addition, on July 30, 2012, the area of 2720 square meters in the Gyeonggi-si C forest was divided into 1615 square meters in C forest and 1615 square meters in K forest and 213 square meters in L forest and 476 square meters in land. As to the area of 1615 square meters in Gyeonggi-gun C forest and 1615 square meters in land, the entire co-owners’ share transfer registration was completed on August 1, 2012 in the Defendant’s name on the ground of co-owned share sharing on August 2, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings

2. On April 20, 2009, the gist of the Plaintiff’s assertion entered into a contract with Nonparty Company to purchase each of the instant real estate at KRW 230 million. From around that time to April 2010, the Plaintiff paid all the purchase price to Nonparty Company.

Since then, the Plaintiff paid registration tax, acquisition tax, and certified judicial scrivener's expenses for the registration of transfer, and paid approximately KRW 500 million to develop the instant real estate as a site for electric source housing, and divided the instant land into six parcels before dividing it into six parcels. The Plaintiff sold the said six parcels and received the purchase price directly.

Therefore, the Plaintiff is a non-party company according to the title trust agreement with the Defendant.

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