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1. The Plaintiff (Counterclaim Defendant) is entitled to share of 4,959/69,521 square meters of C Forest land 69,521 square meters in Jeju-si to the Defendant (Counterclaim Plaintiff).
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Basic facts
A. On January 24, 2003, the Plaintiff and the Defendant agreed with the Defendant to conclude the instant purchase and purchase promise (hereinafter “instant purchase promise”) with respect to the share of KRW 4,959/69,521,000,000,000 in Jeju-si 69,521 square meters of forest land (hereinafter “instant real estate”) and KRW 1.5 million on January 24, 2006, on the date of the completion of the purchase and sale promise, and the Plaintiff and the Defendant agreed to complete the purchase and sale without the Plaintiff’s declaration of intent of completion at the time of the instant purchase and sale promise.
B. On January 27, 2003, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the instant real estate based on the instant trade reservation.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including each number), witness D's testimony, the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts of determination as to the cause of the claim, barring any special circumstance, the Defendant is obligated to implement the registration procedure for transfer of ownership on January 24, 2006, which was the date of completion of the instant provisional registration based on the instant provisional registration, on the basis of the instant provisional registration, to the Plaintiff.
B. The defendant's assertion that the right to claim ownership transfer registration based on the provisional registration of this case has expired after the lapse of 10 years from January 27, 2003, which was the date the provisional registration of this case was completed. Accordingly, the plaintiff prevented the plaintiff from making the principal registration based on the provisional registration of this case on the ground of development project using the real estate of this case, which is the representative of the defendant, E and F, etc., who is a comprehensive agent of the defendant, from making the principal registration of this case on the ground of development project using the real estate of this case, and threatened the plaintiff to be legally responsible for making the principal registration. Thus, the right to claim ownership transfer registration based on the provisional registration