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(영문) 울산지방법원 2020.01.16 2018나27324
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part of the judgment against the Plaintiff regarding the conjunctive claim that orders payment below.

Reasons

1. Basic facts

A. On February 3, 2005, co-owner F and G had the ownership transfer registration completed on February 3, 2005 with respect to C forest land 70,412 square meters and D forest land 6,627 square meters (hereinafter “B before division”) and D forest land 6,627 square meters (hereinafter “B before division” and “B before division”).

B. The 11 persons, including the Defendant, H, I, J, K, L, M, N, P, and Q, shared the purchase price of the forest before the instant partition, to purchase each of the said forest by 1/12 shares (However, K shall purchase 2/12 shares), but the ownership transfer registration was agreed in the name of the Defendant.

Accordingly, K invests KRW 60,00,000, and the remaining buyers, respectively, and completed the registration of ownership transfer on the same day as the Defendant on March 31, 2005 on the forest land before the division of this case by investing KRW 30,000,000.

C. After that, K’s shares in the forest land before the instant division were transferred to R; K’s shares were transferred to S; Q’s shares were transferred to U; Q’s shares were transferred to U; and U’s shares were transferred to the Plaintiff; and S’s shares transferred from K were transferred to V.

On November 17, 2016, C before the instant partition was divided into the said C Forest 64,146 square meters and W forest 6,266 square meters, respectively. Before the division, D was divided into the said D Forest 3,892 square meters, X forest 2,121 square meters, and E forest 614 square meters on the same day.

(hereinafter referred to as "the above divided forest land" shall be referred only to the lot number).

P on July 28, 2017, the Minister of Land, Infrastructure and Transport demanded the remaining co-owners to take over their own shares of each of the above forests, and accordingly the remaining co-owners jointly purchased the shares of the P.

On July 28, 2017, the Plaintiff remitted KRW 6,363,640 to the Defendant as the purchase price of the above P Shares, and the remaining co-owners’ internal shares of each of the above forest was adjusted to KRW 2/11, and the remaining nine co-owners were adjusted to KRW 1/11.

F. On August 7, 2017, the acquisition of public land by consultation on August 7, 2017, among forest land divided from forest land before the instant partition.

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