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1. Of the instant lawsuit, the part of the Plaintiff’s conjunctive principal claim is dismissed.
2.(a)
Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On August 11, 2004, the Intervenor, N, andO (hereinafter “ Intervenor, etc.”) decided to purchase KRW 6,180,000,00 and paid KRW 2,00,00,00 as the down payment (hereinafter “the down payment in this case”) to KRW 6,180,00,000 for forest land owned by Defendant E, including 607m2, J forest land 613m2, K forest land 676m2, K forest land 634m2, Defendant F L forest 634m2, and 573m2, Defendant G forest land owned by Defendant G (hereinafter “instant 1,2,3,4,5 forest land”).
(hereinafter “instant trade”). (b)
On August 11, 2004, the Intervenor sold the instant 2, 3, and 4 forest land to the Plaintiff C for KRW 512,60,000, and received KRW 276,400,000 out of the purchase price. On the same day, the Intervenor sold the instant 5 forest land to Plaintiff D for KRW 258,00,000 and received the full purchase price. On the same day, the Intervenor sold the instant 310,80,000,000 forest land located in Gwangju to Q for KRW 310,80,000 and received the full purchase price.
C. On August 12, 2004, 200, the Intervenor created 845,200,000 won (=276,400,000 won 258,000,000 won) as above, the Intervenor paid 2,00,000,000 won in total, including the 1,2,000 forest land and the 310,800,000 won to S as the down payment.
Plaintiff
C With respect to the forest land Nos. 2, 3, and 4 of this case on August 16, 2004, the registration of the right to claim transfer of ownership was completed as of No. 49216, Oct. 20, 202, and the registration of the right to claim transfer of ownership was completed as of Aug. 19, 2004, No. 49937, Oct. 202, 2002, with respect to the forest land No. 5 of this case, the registration of the right to claim transfer of ownership was completed as of Oct. 20, 202.
E. Meanwhile, with respect to the forest land No. 1 of this case on August 16, 2004, the intervenor registered the right to claim transfer of ownership based on the trade reservation made on October 20, 2002 as the Court Gwangju Registry No. 49215, Oct. 20, 2002.