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(영문) 수원지방법원 2016.04.06 2015가단13153
토지소유권이전등기절차이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. D on January 30, 2001, purchased 126,248 square meters of F forest land in the Suwon-si District owned by E and sold it to a third party by means of unregistered resale, and sold it to G in a non-sale way, and D has the authority to sell 3,000 square meters among them to a third party.

On the other hand, transfer registration was made directly to the final purchaser from E without going through D or G.

B. On September 27, 2002, with respect to shares of 4,083/126,248 out of the above land on September 27, 2002, the transfer registration from E was made to the Defendant on September 3, 2001.

C. On November 18, 2002, the Defendant became the sole owner of the land C, 4,083 square meters of Suwon-si District (hereinafter “instant land”) following the partition procedure for co-owned property as to the said land.

On May 28, 2002, a sales contract (Evidence A No. 1) with respect to the seller’s share of KRW 1,273/4,083 out of the instant land was drawn up, which stipulates that the seller’s G, the buyer H (the Plaintiff’s wife), the purchase price of KRW 270 million is KRW 270,000.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, 2, and 5 (including separate numbers, if any) and the purport of the whole pleadings

2. The plaintiff alleged by the parties that he was represented by the defendant on May 28, 2002, concluded a sales contract with regard to the share of KRW 1,273/4,083 among the land of this case (hereinafter "the sales contract of this case") and KRW 270 million on May 28, 200, with regard to the share of KRW 1,273/4,083 among the land of this case, and paid the down payment of KRW 30 million on the date of the contract, and the balance of KRW 240 million on June 14, 2002. Thus, the defendant is liable to implement the registration procedure for transfer of ownership on May 28, 2002 as to the share of KRW 1,273/4,083 among the land of this case.

The defendant asserts that there was no contract of sale and purchase with the plaintiff.

3. The Plaintiff asserts that I signed the instant sales contract on behalf of the Defendant on behalf of the Defendant, and therefore, whether I has legitimate power to represent the instant sales contract.

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