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1. The part against Defendant F in the judgment of the first instance is revoked.
2. Defendant F is on the Plaintiff’s forest G 992 square meters in Kimhae-si.
Reasons
1. Facts of recognition;
A. The land of 14876 square meters of I forest land (hereinafter “H” is originally owned by Defendant F. As to the said forest land, Changwon District Court Decision 38316, Jun. 21, 2000, which received as of June 21, 2000, the ownership transfer registration for the said forest was completed on the grounds of sale as of May 20, 200.
Subject matter of sale: Sales proceeds of forest land 4,500 square meters before subdivision: 80,000 - down payment of KRW 10,000,000 - down payment of KRW 10,000 at the same time with the contract and at the same time - Receipt of intermediate payment of KRW 20,00,000 shall be paid on April 17, 200 and any balance of KRW 50,000 shall be paid in the presence of an intermediary on May 20, 200.
On the other hand, between Defendant B and Defendant F, a sales contract (No. 32-1) signed on April 6, 200 with the following contents:
The reasoning of this Court concerning this part is that the judgment of the court of first instance is based on Paragraph 1.
subsections and d.
In addition to adding “No. 32-1” to [based grounds for recognition] as follows, the reasoning of the judgment of the first instance is the same as that of the judgment of the first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
On January 15, 2010, the J completed the registration of ownership transfer for Defendant B’s share of 248/3719, out of 11273 square meters of I forest land, due to division of common property on the same day. Defendant B completed the registration of ownership transfer for Defendant J’s share of 13876/14 on the same day among the forest land in this case on January 15, 2010.
2. On April 6, 200, the Plaintiff asserted that he purchased directly forest land before subdivision from Defendant F, and paid the purchase price to Defendant F around May 19, 200, which was around the remainder of the payment, around May 19, 200. The Plaintiff drafted a sales contract with Defendant F and Defendant B’s purchaser, with the consent of Defendant F and Defendant B, and completed the registration of transfer of ownership in the name of Defendant B with respect to forest land before subdivision on June 21, 200.
This is between the plaintiff and the defendant B.