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(영문) 서울고등법원 2015.08.20 2014나29546
진정명의회복
Text

1. The plaintiff's appeal and the claim extended in the trial are all dismissed.

2. The costs of the lawsuit after the appeal are filed.

Reasons

1. Basic facts

A. On June 2010, the Plaintiff entered into a sales contract: (a) around KRW 3,372 square meters of Gangwon-gun G forest and H forest; and (b) around KRW 18,149 square meters of land (hereinafter collectively referred to as “the instant forest and forest before division”) from Defendant E.

(2) As to the forest land of this case before the division, “The land was enclosed. The remainder after paying only the down payment and receiving the loan, and then selling the land in installments can be seen as a large profit.” The Plaintiff jointly purchased the forest land of this case before the division with Defendant E. (2) Of the forest land of this case, 3,372 square meters is co-defendant C and D (hereinafter “C”) in the first instance trial, and the H 18,149 square meters was owned by I. Defendant E had the remainder of KRW 300,500,000,000,000,000 won for the forest land of this case before the division. The seller and non-party 2,000,000 won for the remainder of the sales contract (hereinafter “the purchase contract”) was to be paid as KRW 50,500,000 on June 9, 201.

B. The Plaintiff’s payment of the purchase price, etc. and the transfer registration under Defendant B’s name was made on June 9, 2010 at Defendant E’s request, and the Plaintiff wired KRW 25 million to the account under Defendant B’s name as the contract deposit for purchase of the instant forest before subdivision. From July 14, 2010 to August 13, 2010, the Plaintiff transferred KRW 125 million in total to I or Defendant B’s account for the remainder of the instant forest land before subdivision on five occasions during the period from July 14, 2010 to August 13, 2010.

3 The Plaintiff, at the request of Defendant E, shall account in the name of 72,262,854 won, 18,744,740 won with the account in the name of Pyeongtaek-gun Office, and the account in the name of Defendant E with the amount of KRW 3 million on April 8, 201, and on May 6, 2011.

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