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(영문) 대전지방법원홍성지원 2019.06.26 2018가단473
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is an organization established to create a customized electric source village of the private Do governor in the Chungcheongnam-gu Budget Group in accordance with the relevant statutes, such as the Rearrangement of Agricultural and Fishing Villages and the Guidelines for Implementation of Agricultural and Fishing Villages Industry.

B. D purchased forest E, 98,876 square meters in Chungcheongnam-gun budget-gun, and completed the registration of ownership transfer on March 3, 200.

C. On October 30, 2006, F forest land registration conversion was made with 98,436 square meters of F forest land. On the same day, G forest land was divided with 29,600 square meters in F forest land; on the same day, G forest land 29,600 square meters was registered in the Plaintiff’s name with respect to G forest land 29,600 square meters.

On December 18, 2006, the registration of ownership transfer was completed in the name of the defendant with respect to F forest 68,836 square meters in F forest.

On July 28, 2009, H 144 square meters in F land, and on March 24, 2010, F 68,692 square meters in F forest land, I, and J land was divided, respectively. On January 11, 2011, K, L, and M land was divided into 9393 square meters in F forest land.

(F) The area of the forest land was 2831m2. D. The land and H land were 2831m2.

G Forest land 29,600 square meters are divided into several housing sites around July 2009, and the housing has been newly built, and 30 households currently reside.

【Fact-founded grounds for recognition】 without dispute; Gap evidence-1 to 3; Gap evidence-2 through 4; the purport of the whole pleadings

2. Judgment as to the main claim

A. On October 17, 2005, the Plaintiff’s assertion (representative N) purchased KRW 10,000,000, out of KRW 98,876,000 from Chungcheongnam-gun budget E Forest and Forest, in order to create a housing complex. In a case where the development area is more than 30,000 square meters, housing complex development project can be designated as a district unit planning zone. Therefore, in order to avoid this, the Plaintiff’s assertion (representative N) first divided a housing complex into lots and created a housing complex, and agreed to later divide the remainder from F land.

The Plaintiff (Representative N) divided the G land from the F forest before the division, and completed the registration of ownership transfer in the future of the Plaintiff, and entered into a title trust agreement with the Defendant (N is the Defendant’s Cho Jong-man) for the remaining area.

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