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(영문) 광주지방법원 2016.10.28 2016나3887
소유권이전등기
Text

1.The judgment of the first instance shall be modified as follows:

The defendant is 13.2 square meters out of 11,815 square meters of land in Jeonnam-gun, Jeonnam-gun.

Reasons

1. Basic facts

A. A. Around April 2002, the Plaintiff borrowed KRW 40,000,000 from the Defendant and subsequently failed to repay KRW 20,000,000 among them, the Plaintiff agreed on August 11, 2005 to transfer part of the Plaintiff’s share of KRW 47,065,00,00 to the Defendant, which was owned by the Plaintiff and E in exchange for payment of the said unpaid loan amount, to the Defendant around August 1, 2005.

B. The Defendant completed the registration of ownership transfer with respect to 13,615 shares (part of the Plaintiff’s shares) of the above D land pursuant to the above accord and satisfaction agreement.

(S) The registration of ownership transfer has been completed in F on the same day with respect to the Plaintiff’s share 47,065/5 on the same day.

On July 24, 2008, the above D land was divided into 23,532 square meters of D forest land, G forest land 9,918 square meters, and C forest land 13,615 square meters (hereinafter “instant land before the instant partition”). The land before the instant partition owned by the Defendant, E, and F was owned by the Defendant solely on August 7, 2008, through partition of co-owned property.

On September 9, 2015, the land before the instant partition was divided into 11,815 square meters of land (hereinafter “instant land after the instant partition”) and 1,800 square meters of land for H forests and fields (hereinafter “instant land after the instant partition”) and 1,800 square meters of land.

E. On December 3, 2015, the Plaintiff and the Defendant entered into an agreement on land purchase and sale and share transfer (hereinafter “instant agreement”), and the contents set out in the instant agreement (Evidence A 3) written at the time are as follows.

The material of the goods in the agreement angle: C (A) of the Seoul High-gun (C) of the Seoul High-gun (C) to sell and purchase the said goods by February 2016, the seller B (the Defendant, the same shall apply below) to KRW 2.5 million in total and KRW 1,000 in total and KRW 1,000 in this land, and the seller A (the Plaintiff, the following) to whom the share of KRW 1,000 in this land is owned shall be distributed respectively, and the remainder of KRW 5,00 (00,000) shall be agreed to pay to A at work expense.

In the event that the sale is known and delayed during this period, the owner B shall work for the owner A with a ceiling of equity ownership.

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