Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 23, 1985, the Plaintiff completed the registration of ownership transfer based on the sale on September 17, 1985 with respect to D forest land 563,702 square meters (hereinafter “land prior to the division”). On June 12, 1987, the Plaintiff completed the registration of ownership transfer based on the sale on the same day with respect to the land prior to the division to E.
B. On December 15, 1989, the Plaintiff divided the instant land into F forest 41,394 square meters, C forest 173,412 square meters (hereinafter “instant land”) and G forest 168,08 square meters. On the same day, H completed the registration of ownership transfer for the instant land on the same day.
C. Meanwhile, the Plaintiff entered into a sales contract with I on April 15, 1989, stating that the Plaintiff would sell the instant land to I for KRW 100 million.
(hereinafter “instant sales contract”). The details of the instant sales contract are as follows.
(However, the sales contract was made in the name of E, other than the Plaintiff). Article 2: 100 million won of the purchase price, 100 million won of the down payment, 10 million won of the down payment, and part of the intermediate payment, 10 million won of the down payment, shall be paid to E, and the remainder shall be paid in full with permission and payment with the same simultaneous related documents.
4. Gathering earth and rocks is a transaction condition between I and E, and where it is impossible to obtain permission from the permitting authority due to legal restrictions, this Agreement shall be null and void, and E shall promptly return to I the proceeds received from the down payment and part intermediate payment.
Article 5 (E) upon delegation of permission to collect earth and stones, shall begin with and obtain permission to obtain permission concurrently with this contract.
Provided, That expenses for permission shall be borne by I.
The Plaintiff completed the registration of ownership transfer of the instant land under the name of J, which entered into a title trust agreement with I on December 29, 1989 according to the instant sales contract, and was registered under the name of the Plaintiff on the same day as of December 28, 1989.