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(영문) 울산지방법원 2018.01.30 2017가단2143
토지소유권이전등기
Text

1. The Plaintiff (Counterclaim Defendant) received KRW 100 million from the Defendant (Counterclaim Plaintiff) B at the same time.

Reasons

1. Basic facts

A. Of the 57,926 square meters of the 2776.9956/48,660 square meters of the land located in Jeju-do, Jeju-do, Jeju-do, Jeju-do, which was a forest before the division (hereinafter “the forest before the division”), the ownership transfer to the Plaintiff on July 4, 2005 due to the trade made in June 30, 2005.

B. On October 17, 2005, the forest land was divided into E on October 17, 2005, and the Plaintiff’s share was converted into a divided 33,719 square meters of D forest divided into KRW 33,719 on December 6, 2005.

C. On July 30, 2008, a divided D forest land of 33,719 square meters was re-divided into F on July 30, 2008, and the Plaintiff’s share was re-converted into a 30,413 square meters of a divided D forest of 30,413 square meters on September 10, 208.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 3, Gap evidence Nos. 1, 2, Eul evidence No. 1, and the purport before oral argument

2. Determination on the main claim

A. The plaintiff's summary G around May 2005 recommended the purchase of shares of the forest located in Gri-ri at the time of Jeju to purchase the shares of the forest as a broker of the defendant B. At the time, the defendant B divided the forest as above and purchased the shares of the forest as above. The part indicated by the drawing on the left side of the land No. 3 in the drawing on the current status of the division of land

No. 3 (hereinafter referred to as "land")

I agreed to be owned by the Plaintiff.

However, Defendant B, upon entering into the above agreement, arbitrarily disposed of the land 3 times to a third party, and became aware thereof, the Plaintiff resisted and received KRW 300 million from Defendant B. To secure this, Defendant B filed a provisional registration of the Plaintiff’s right to claim ownership transfer against each real estate listed in the separate sheet owned by the Defendants.

However, Defendant B is unable to pay KRW 300 million. However, there is no settlement amount because the value of each real estate listed in the attached list falls short of the agreed amount as the secured debt. Therefore, the Plaintiff exercises the right to make a reservation on the said real estate along with the notice of settlement. The Defendants are obliged to implement the procedure for ownership transfer registration based on

(b) the judgment parties.

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