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(영문) 서울고등법원(춘천) 2017.12.20 2017나501
소유권말소등기
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On September 30, 201, the Plaintiff purchased T (1/6 shares), U (1/6), V (1/6 shares), W (3/22 shares), X (22 shares),Y (2/22 shares), Z (2/22 shares), AA (22 shares), and AA (2/22 shares), and completed the registration of ownership transfer under the Plaintiff’s name on October 12, 201.

B. The Plaintiff purchased the said forest land in order to make profits from selling pine trees planted in C forest and field. However, due to the means to sell the said pine trees, it was difficult to plan the development of the said forest land as grassland with the permission to create grassland with the permission to create grassland for the said pine trees. In addition, the Plaintiff was able to think that it would be easy to obtain the permission upon filing an application for the permission to create grassland under the name of the deceased who had resided in the vicinity of the said forest and field and brought a lawsuit.

C. On October 16, 201, the Plaintiff stated the above plan and obtained the consent of the deceased to apply for the development of grassland in the name of the deceased, and leased C forest land to the deceased on October 16, 201, and prepared a letter of the following contents.

1. The Plaintiff transferred the ownership of C forest land at the time the Deceased wants.

The land amount shall be paid to the plaintiff by the deceased at the same time as before, and at the same time, 70 million won.

2. The promise is made at the end of the primary work, to cover the heavy-air dumping (a price equivalent to approximately KRW 20 million).

3. The Plaintiff is responsible for soil entering the Deceased.

On October 20, 201, the Plaintiff borrowed KRW 40 million from the Deceased (hereinafter “the instant loan”).

E. On October 25, 2011, the Deceased purchased C forest land in KRW 70 million from the Plaintiff (hereinafter “instant sales contract”), and completed the registration of ownership transfer under the name of the Deceased’s name (hereinafter “the first registration of ownership transfer”) as of October 25, 201 as to the said forest land’s share 23,141/25786 out of the said forest.

F. On October 27, 201, the Deceased is a kind of livestock breeding with a development area of 14,140 square meters and 14,140 square meters in relation to the C forest land to the head of Seongdong-Gun.

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