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1. As to the Plaintiff’s forest land of Gwangju Mine-gu 56,958 square meters:
(a) receive May 2, 2005 from the Gwangju District Court.
Reasons
1. Basic facts
A. On January 12, 2005, the Plaintiff and D drafted a notarial deed in a monetary loan agreement with a notary public stating that “300,000,000 won shall be lent to D, but on April 30, 2005, the Plaintiff and D shall be paid KRW 200,000,000,000 each on June 30, 2005, and the rate for delay shall be 36% per annum.”
B. After that, the Plaintiff filed a lawsuit against D on the basis of the above notarial deed with the Incheon District Court 2014Kahap13064.
On February 3, 2016, the above court rendered a judgment that “D shall pay to the Plaintiff KRW 1,132,438,356 and KRW 300,00,000, an amount equivalent to 25% per annum from September 30, 2014 to the date of full payment,” and the above judgment became final and conclusive on September 7, 2016.
C. Meanwhile, on May 2, 2005, the provisional registration of the instant real estate, which was owned by D, was completed on April 22, 2005 on the ground of the pre-sale agreement, and on March 14, 2016, the registration of ownership transfer (the transaction value on the registry) was completed on March 11, 2016 on the ground of the principal registration based on the provisional registration of this case, on March 14, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Gap evidence 5-1 to 7, the purport of the whole pleadings
2. The plaintiff's assertion
A. (1) On April 22, 2005, the Defendant entered into a pre-sale agreement with D on April 22, 2005, and the right to conclude the sale was extinguished after the lapse of the exclusion period of ten years thereafter. The provisional registration of this case became null and void. Since the instant provisional registration was based on the provisional registration null and void by exercising the right to conclude the sale and purchase contract, the provisional registration of this case and the ownership transfer registration of this case are null and void. Therefore, the Defendant is obligated to perform the procedure for each cancellation registration of the provisional registration of this case and the ownership transfer registration of this case. (2) The market price of the instant real estate is approximately KRW 3,00,000 and KRW 54,00,000,000.