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(영문) 인천지방법원 2020.08.18 2018가단262676
소유권이전등기
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1. Defendant C Co., Ltd. is limited to D’s trade on June 25, 2010 with respect to one unit of 9 forest land E in E-si.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1 on May 20, 2010, converted from D to J after 13,938 square meters of forest land and G 22,239 square meters of forest land owned by D and paid KRW 975,00,000 as the purchase price, while the Plaintiff purchased a substitute grave, etc. on the said land, but he purchased the said land to install a memorial park project on the said land, but he did not permit the installation of a memorial park project on the said land, and D was unable to complete the registration of ownership transfer after changing the land category of the said land into a cemetery.

3) Accordingly, the Plaintiff filed a lawsuit against D with Suwon District Court 2016Gahap202776 (Seoul High Court 2016). On October 31, 2017, the said court rendered a judgment that “D shall pay to the Plaintiff the amount of KRW 975,00,000 and the amount of KRW 5% per annum from December 16, 2015 to October 31, 2017, and the amount of KRW 15% per annum from the next day to the date of full payment.” Accordingly, D appeal (Seoul High Court 2017Na206064) was dismissed on May 31, 2018.

On June 25, 2010, Defendant C Co., Ltd. (the trade name at that time was changed to C Co., Ltd.) on May 23, 2013;

hereinafter referred to as “Defendant Company”).

B) As between the Defendant Company’s ownership, E Forest land E 9,025 square meters (hereinafter “instant land”).

A) On the registry, an indication of the size on the registry is as follows: A sales contract with a purchase price of KRW 220,000,000 for a purchase price of KRW 220,000 (hereinafter “instant sales contract”).

C. Defendant B’s clan (hereinafter “Defendant clan”)

A) A clan is the representative of D. The Defendant Company completed the registration of ownership transfer on September 15, 2010 in the future of the Defendant clan on September 14, 2010. [Grounds for recognition] A: (a) the fact that there is no dispute against the Defendant clan; and (b) the evidence Nos. 1, 3, and 4 (including the serial number).

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