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(영문) 서울동부지방법원 2018.09.06 2017가단126294
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1, 2, 3, 4, 9, 14 (including paper numbers), Eul evidence Nos. 1, 2, 10, and 12 and all the arguments.

In early 2002, the Plaintiff and the Defendant concluded a partnership agreement with the development of land D and E in the Namyang-si, Namyang-si (hereinafter referred to as “instant partnership agreement”), and the Plaintiff mainly performs development projects under the said agreement, and the Defendant has paid money required by the Plaintiff.

B. On November 8, 2005, the Plaintiff entered into a sales contract with F to purchase the said woodland at KRW 360,000,000 for the Namyang-si, Namyang-si (hereinafter “C forest before division”), and paid F the remainder payment of KRW 160,000,000 for the contract date, and KRW 160,000 for the intermediate payment on January 6, 2006, and KRW 100,000 for the remainder payment on October 29, 2006.

C. However, regardless of the sale, such as the transaction described in the preceding paragraph with respect to C forest land before division between the Plaintiff and F, the transfer registration for ownership transfer is based on trade as of August 7, 2007.

8. As to shares 2206/3309 out of C forest land before subdivision 17. As to shares 1103/3309, each share transfer registration was made in the future of the Plaintiff, and as to the remaining shares 1103/3309.

On August 25, 2011, the Plaintiff sold 2206/3309 shares registered as the Plaintiff’s shares among C forest land before subdivision to G, and completed the registration of ownership transfer on the same day, and the said sale price was not distributed to the Defendant, and all the Plaintiff acquired the said sale price.

E. On July 10, 2015, C forest was divided into C forest land 1103m2 (hereinafter “C forest”) and H forest land 2206m2 at the Namyang-si, Namyang-si, 2015. On July 15, 2015, the ownership transfer registration was made in the Defendant’s future on July 15, 2015 with respect to 2/3 of the shares of G among C forest land after division; on August 18, 2015, the Defendant’s ownership transfer registration was made in the future on August 18, 2015 with respect to 1/3 of the Defendant’s shares among H forest land.

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