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(영문) 대전지방법원 서산지원 2018.10.16 2018가단51138
청구이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. On March 3, 1994, the Plaintiff and Defendant C entered into a sales contract with Defendant C to sell 1,000 square meters of land D, 6,935 square meters (hereinafter “D forest”) owned by the Plaintiff, for KRW 200 million.

B. E completed the registration of partial transfer of ownership on August 28, 1996 for share 1,487/6,935 out of D forest land on September 3, 1996.

C. In around 1997, the Defendants concluded a sales contract to sell Defendant C’s 1,00 square meters of forest land in KRW 200 million to Defendant B.

The sales contract between the Defendants is not written with the contract date, but the intermediate payment payment date is written on July 16, 1997, and the remaining payment date is written on August 16, 1997.

On July 8, 2003, Defendant B received a provisional disposition on the right to preserve the Plaintiff’s share in D forest land on May 16, 1997 as a claim for ownership transfer registration based on sale of KRW 200 million as of May 16, 1997 (the Daejeon District Court Decision 2003Kadan2375, hereinafter “the provisional disposition order of this case”). The registration of the provisional disposition of this case was completed on July 10, 203.

E. D Forest land was subject to registration conversion on January 16, 2004 and part of the land was partitioned, and became 6,858 square meters of forest land in Tae-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant land”).

F. On Aug. 3, 2004, Defendant B filed a lawsuit against the Plaintiff and Defendant C for the transfer of ownership and the claim for India (Seoul District Court Seosan Branch of Daejeon District Court No. 2004Ga7608, hereinafter “instant lawsuit for the transfer of ownership”). On Jun. 7, 2005, the decision to recommend settlement (hereinafter “the decision to recommend settlement”) was made on July 19, 205 that “the Plaintiff shall take the procedure for the transfer of ownership on the ground of sale on Mar. 3, 1994 with respect to the 3,305/6,935 shares out of the instant land, and the Defendant C shall take the procedure for the transfer of ownership on July 16, 1997 with respect to the 3,305/6,935 shares to the Defendant B.”

G. Meanwhile, the instant land is part of November 5, 2004.

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