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(영문) 창원지방법원마산지원 2015.01.16 2014가단1761
토지인도
Text

1. The Defendant shall deliver to the Plaintiffs the Fanannam-gun F forest land of 46,711 square meters, and the said forest land from January 1, 2014.

Reasons

1. Basic facts

A. On June 23, 1980, the Defendant, who actually owns 4671m2 of F forest land in Haan-gun, Chungcheongnam-gun, Haan-gun (hereinafter “the instant forest”), was registered under title trust in the name of G, the Defendant’s son, and the ownership transfer registration was completed on June 23, 1980. However, the Defendant’s second, the Defendant’s pharmacist, provided the instant forest to J as a transfer for transfer at the request of Nonparty Ha while providing the instant forest as a transfer for transfer, and the ownership transfer registration was completed in the name of J on September 6, 2003, and the pharmacy managed by H closed its business in the name of K, the Plaintiff’s wife on March 8, 2004 at the request of I for the recovery of the investment amount.

The sales contract prepared by K as to the forest of this case between K on March 3, 2004 includes 63 million won as the purchase price, and is stated as the special agreement.

B. On May 12, 2004, Non-party L, B, Plaintiff C, and Plaintiff D concluded the instant forest purchase contract with K as the broker of Licensed Real Estate Agent M, by setting the purchase price of KRW 226,080,000 on the forest land of this case. The down payment of KRW 25,000,000 on the date of the contract, the remainder of KRW 201,080,000 on the date of the contract without setting a specific date, and at the same time paying the remainder along with the remainder of the registration, to cancel the registration of creation of neighboring land at the same time as the remainder payment, and to pay all documents on the registration at the same time as the remainder payment. As a special agreement, the manager determined that “the overhead of orchard, trees group, and other storages within the above land shall be included in the sale price.

At the time of 2004, the officially announced value of the forest of this case is KRW 84,079,800.

C. Accordingly, L, Plaintiff B, Plaintiff C, and Plaintiff D completed the registration of ownership transfer as to each portion of 1/4 of the forest of this case on June 3, 2004. The Defendant leased the forest of this case where tree is planted, under the condition that KRW 1,170,000 per annum, that the forest of this case is a car of KRW 14 million per annum, and H, the Defendant’s son, was on February 2006.

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