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(영문) 의정부지방법원고양지원 2019.12.26 2016가단30268
매매대금반환
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) and the counterclaim claims filed by the Defendant (Counterclaim Plaintiff) are dismissed.

2. The costs of lawsuit;

Reasons

1. Basic facts

A. On November 6, 2006, the area of C Forest Land 8,087 square meters (hereinafter “the instant forest”) was reduced to 2,684 square meters due to the division after it was registered as D forest land 8,115 square meters in Pakistan-si on November 6, 2006.

The area was reduced to 1,613 square meters (hereinafter “E land”) due to the division on January 10, 2007, when the instant forest was divided into the field, E forest land E, 5,431 square meters, and the divided land was transferred to 3,818 square meters (hereinafter “F land”) of F forest land at the time of Pakistan.

(hereinafter referred to as “each of the instant lands”) b.

G with respect to the instant forest land, on January 12, 200, with respect to the portion on 4,298/8,087, H on June 28, 2001, with respect to the portion on 2,975/8,087, and I completed the registration of ownership transfer for each share on 14 June 14, 2006, and on 2,443/24,261 shares on 2,43/24,261 shares on 5 July 2, 2006.

C. On January 4, 2007, among each of the instant lands on March 19, 2007, the registration of ownership transfer was completed in the name of J on the same day as the sale by voluntary auction as of May 25, 2012 for each of the instant lands on the ground that D and E were the sole ownership of each G, and F land was the sole ownership of H. The registration of ownership transfer was completed on May 25, 2012.

On February 24, 2007, the Plaintiff entered into a contract with K and K on behalf of the Defendant to transfer 25% of the shares in the land outside C and 2,630 square meters in the above location to the Plaintiff at KRW 125,00,000 (hereinafter “instant transfer contract”).

[Ground of recognition] Facts without dispute, Gap evidence 1 and 2, Gap evidence 5-1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination on the principal lawsuit and counterclaim claim

A. The Plaintiff is obligated to transfer to the Plaintiff the registration of 25% of the instant forest land’s 2,630 square meters in accordance with the instant transfer contract. The instant forest land is sold at auction and the contract is concluded.

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