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(영문) 창원지방법원 2017.04.27 2016가단16576
소유권이전등기 등
Text

1. The defendant shall be the plaintiff.

A. The Defendant’s share of 8,912m2 in the window of Changwon-si, Changwon-si, in the Defendant’s forest C, 8,912m2, is 5595/11863/118.

Reasons

1. Basic facts

A. (1) On August 31, 2001, the Defendant entered into a contract with D to sell 3260/11863 of 11,863 square meters of forest land C, Changwon-si’s window (hereinafter “instant land before subdivision”) owned by it, and completed the registration of ownership transfer in D’s name on the ground of this, on September 5, 2001.

(2) On November 4, 2003, the Defendant entered into a contract to sell 3008/11863 of the land prior to the instant subdivision to the Plaintiff, and completed the registration of ownership transfer in the Plaintiff’s name on the same day.

B. (1) On November 4, 2003, the Defendant entered into a contract with E to sell 3008/11863 of the Defendant’s remaining shares in the land before subdivision of this case to E from 5595/11863 of the Defendant’s remaining shares in the land before subdivision of this case, but did not complete the registration of ownership transfer.

(2) On January 16, 2006, E entered into a contract with the Plaintiff for sale of approximately 3008 shares ( approximately 910 shares) out of the land prior to the instant subdivision purchased from the Defendant.

(3) On January 27, 2006, the Plaintiff agreed with the Defendant to complete the registration of transfer of ownership directly to the Plaintiff among the Plaintiff’s share in the land before subdivision 5595/11863 of the Plaintiff’s share in the land before subdivision 55, the Plaintiff agreed to complete the registration of transfer of ownership with the Plaintiff.

(hereinafter referred to as “instant agreement”). C.

(1) On November 9, 201, the Gyeongnam Development Corporation obtained the FF Project approval from the competent authority on the division of land and the receipt of compensation. Part of the land before the division was incorporated into the said project zone.

Pursuant to the aforesaid comprehensive development project, the land before the instant subdivision was divided into C forest land 8,912 square meters at the window of Changwon-si, Changwon-si (hereinafter “instant land after the instant division”), G forest land 2,869 square meters (hereinafter “instant land subject to expropriation”), and H forest land 82 square meters on June 20, 2012.

(2) On July 11, 2014, the Defendant concluded a sales contract to sell 5595/11863 of the land expropriated in this case to KRW 104,233,740 of the price.

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