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(영문) 수원지방법원 2014.03.28 2013나31455
소유권이전등기
Text

1. All of the plaintiffs' claims that have been changed in exchange in the trial are dismissed.

2. The plaintiffs' total costs of litigation.

Reasons

1. Basic facts

A. On April 4, 2005, C sold to D a total of KRW 26,083 square meters of G forest in Gwangju-si and KRW 5,355 square meters of F forest in the area subject to land transaction permission (hereinafter “instant forest”) and KRW 46,709 square meters of H forest before division and registration conversion in total at KRW 2.23 billion.

(F) On November 2, 2006, H 46,709 square meters of forests and fields in Gwangju-si were divided into registration conversion and 448 square meters of P 38,842 square meters of forests and fields, P 38,842 square meters of forests and fields, Q 1,107 square meters of forests and fields, and R 448 square meters of forests and fields, and 30,075 square meters of the aforesaid P 38,842 square meters of forests and fields were subdivided into S land again on February 27, 2008).

D from April 2, 2007 to the same year

9. Until September 19, 2007, by indicating that he is the agent of C, the above forest was sold to I as follows (the purchaser was the defendant who is the birth of I). With respect to the forest of this case and the above G forest, the additional registration prior to the provisional registration was completed on September 19, 2007 with regard to the registration of the right to claim transfer of ownership that was completed around 2005 by D.

On April 2, 2007, part of P (300 square meters) 2.1 billion won in Gwangju-si P (300 square meters) on May 16, 2007, part of P (3200 square meters), Q, R, G, and F (the forest land of this case) 1.3 billion won in total, KRW 4.88 billion in purchase price of P (3200 square meters) on September 19, 2007.

C. Meanwhile, on June 16, 2008, the plaintiffs leased 100 million won in total each of 50 million won to I, and 130 million won in total, including 30 million won on July 8, 2008. On July 9, 2008, the plaintiffs concluded a sales contract (the name of the seller was the defendant; hereinafter "each of the contracts of this case") with I and I purchase 750 million won in each of the forest land of this case from "K" office operated by I located in the J of Gwangju-si on July 9, 2008.

In addition, the payment of the price shall be KRW 50 million among the existing loans in lieu of the payment of the down payment for each of the above sales contract, and the intermediate payment of KRW 145 million shall be determined as KRW 115 million after deducting the remainder of the above loans from KRW 30 million, and the above amount shall be determined as KRW 15 million.

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