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(영문) 광주지방법원순천지원 2012.11.15 2011가합4019
소유권이전등기
Text

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

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. (1) On July 16, 2005, the Plaintiff entered into a contract with Defendant C to purchase E forest land E 23,968 square meters and 1,860 square meters prior to F as KRW 400 million on the following terms (hereinafter “instant contract”).

1. The seller shall perform the soil construction work in accordance with the design drawings;

2. The cost of alteration of form and quality shall be borne by the purchaser.

3. All expenses, other than alteration of form and quality, shall be borne by the seller;

4. The date of commencement of construction work shall begin on August 2005 and the date of completion may be completed from August 2005 until December 2005 and may be delayed for civil petition.

5. The primary licences 2,400 square meters and the secondary licences 1,700 square meters to 3,000 square meters.

A special agreement: A special agreement may be concluded before the completion of construction is completed.

(2) Of the purchase price, KRW 40 million, on the date of the contract, agreed to pay the balance of KRW 360 million on the date of completion of the site development project and pay the balance at the time of completion of the site development project, and simultaneously complete the procedure for ownership transfer registration.

(3) At the time of the contract, the Plaintiff paid the Defendant C the down payment of KRW 40 million and the intermediate payment of KRW 20 million on January 11, 2006, respectively.

B. On March 29, 2006, the division of real estate and registration conversion (1) of E forest land E 23,968 square meters in opticalyang-si was divided into 15,987 square meters in E forest land, G forest land 7,813 square meters in G forest and 168 square meters in H forest, respectively.

(2) On July 31, 2008, G forest land G 7,813 square meters was subject to registration conversion on July 31, 2008.

(3) On March 9, 2010, E Forest land was divided into the real estate indicated in paragraph (1) of the attached Table and J Forest land into 135 square meters.

(4) On July 3, 2008, the area of 1,860 square meters prior to the F in Mineyang-si was divided into the real estate indicated in paragraph (2) of the attached Table, and the area of 1,500 square meters prior to K.

(5) On March 9, 2010, the real estate indicated in paragraph (3) of the attached Table and the previous 258 square meters was divided into 1,500 square meters prior to K in Gwangju-si.

C. (1) In order to file the second application for permission for the conversion of real estate title trust (1) with the Plaintiff in the name of another person, not the Defendant C, who obtained the first permission for the conversion of the forest E, 15,987 square meters in Gwangju-si.

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