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(영문) 인천지방법원 2016.10.12 2015가단9669
소유권이전등기
Text

1. The plaintiff's primary claim against the defendants is dismissed.

2. Attached drawings of 1,819 square meters among the 1,819 square meters of forest land in Incheon Strengthening-gun.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in respect of Gap evidence Nos. 1, 2, 3, 4, 6, Eul evidence Nos. 1, 3, 8, 9, and 11 (including paper numbers), the witness Eul's testimony and the whole purport of the pleading, and the witness G's testimony against them are not believed.

E/F (hereinafter “sellers”) shared 1/2 shares of forest land 3,307 square meters ( approximately 1,000 square meters, and hereinafter “D before division”) in Incheon Strengthening-gun, respectively. However, around July 2010, G sold the said forest land to G in KRW 300,000 (30,000 per square year).

B. Since then, when G resells D before division to another, the seller directly delegated G with the authority to conclude the sale and purchase contract of the pertinent land when G resells the registration of ownership transfer to the purchaser.

C. On October 3, 2010, G sold on behalf of the seller 500 square meters to the Plaintiff at KRW 170,000,000 (per 3,40,000 won) out of D prior to the division, and on the same day, sold the remaining 500 square meters to the Defendants at KRW 190,000 (per 3,80,000 won).

Before the division, D is in the rectangular shape in which the direction of Southwest is long from Northwest. Since the south-east surface adjoins to the road, the Plaintiff and the Defendants divided the forest land purchased 500 square meters each from Northwest from Northwest to the line in the direction of the south-west (the longer rectangular pattern is in a rectangular shape) and the Plaintiff tried to own the land (the west side is in the coast direction, and the west side is in the coast direction), but the Defendants tried to own the land (the outside side) on the southwest side. However, since this area was agricultural areas in the land of the office of reinforcement military administration and mountainous region, it cannot be divided in the same form as the road.

E. Accordingly, the Plaintiff and the Defendants decided to divide the two Northwest from North Dong into the line of direction (the long rectangular pattern is each square type). If such division is made, the Northwest land owned by the Plaintiff in the future is prohibited from abutting on the road. As such, the Plaintiff and the Defendants are 450 square meters in Northwest land and the Defendants are south-west land of the Plaintiff.

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