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(영문) 서울서부지방법원 2015.05.01 2014나5627
소유권이전등기 등
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 10, 2002, the Plaintiff purchased KRW 130,000,000 from the E in Macheon-si Do Forest land of KRW 25,785 square meters (hereinafter “instant forest”).

B. The Plaintiff completed the registration of transfer of ownership on October 10, 2002 with respect to the portion of 20,827/25,785/25,788 out of the forest of this case, received on November 3, 2003 by Sucheon District Court Macheon District Court Macheon District Court No. 4238, Nov. 3, 2003.

C. In addition, the Defendant completed the ownership transfer registration based on the sale on October 10, 2002 (hereinafter “instant ownership transfer registration”) with respect to the remainder of E, 4,958/25,785/25, out of the forest land in this case as of No. 4239, receipt of November 3, 2003 by the Seobu District Court Macheon Branch Office and Macheon Branch Office (hereinafter “the instant forest”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings

2. The plaintiff, the cause of the claim, subject to the permission for conversion of the forest of this case or joint development, transferred 4,958/25,785 of the forest of this case to B. However, the plaintiff entered into an interim omission registration agreement with the defendant, who is his father, to complete the registration of transfer of ownership directly. Accordingly, E completed the registration of transfer of ownership of this case to the defendant.

However, the agreement on the transfer of shares in the forest of this case was null and void due to the fulfillment of the condition.

In addition, the ownership transfer registration of this case is null and void as it was made without the consent of the intermediate omission registration of E, which is a seller, and even if there exists an agreement of the intermediate omission registration, it is null and void for the purpose of evading B’s obligation or evading gift tax, and the title trust agreement between the Plaintiff and B is null and void

The plaintiff, as the purchaser of the forest land of this case, has the right to claim ownership transfer registration to E, and thus, he/she requests the defendant to cancel the ownership transfer registration of this case.

3. First of all, around November 2003 between the Plaintiff and B, the Plaintiff is 20,827 square meters out of the instant forest land.

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