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(영문) 수원지방법원성남지원 2013.07.09 2012가단36660
소유권이전등기
Text

1. All of the plaintiffs' lawsuits against Defendant C and D are dismissed.

2. Each of the plaintiffs' claims against defendant E.

Reasons

1. Basic facts

A. On April 4, 2005, Defendant C sold 26,083 square meters of G forest in Gwangju-si located in the land transaction permission zone (hereinafter “instant 1 forest”), F forest 5,355 square meters (hereinafter “instant 2 forest”) and H forest 46,709 square meters in total prior to the division and registration conversion in KRW 2.23 billion.

B. Defendant D made, on October 5, 2002, provisional registration on the instant forest land No. 16830 received on April 7, 2005 and provisional registration on the right to claim ownership transfer transfer registration on April 16, 2005 with respect to the instant forest land No. 16830 on April 7, 2005, and provisional registration on the right to claim ownership transfer registration on April 7, 2005 at the same registry office No. 16830 on April 7, 2005 (hereinafter “the provisional registration of Defendant D”).

C. Defendant D transferred each of the instant forests to I on September 19, 2007, and I lent the name of Defendant E, who was the birth, to the same effect on September 19, 2007, and as Defendant D’s receipt No. 56631 on September 19, 2007, the registration of transfer of each of the instant provisional registrations was completed.

On the other hand, on June 16, 2008, the plaintiffs leased 100 million won in total each of 50 million won to I, and 130 million won in total including 30 million won in July 8, 2008, and entered into a sales contract with I as of July 9, 2008, with I as of "K" office operated by the J of Gwangju city, and one half of the shares (7.50 square meters each of 4958 square meters in each of the two forests and fields of this case with I as of July 16, 2008 (hereinafter "each sales contract of this case").

In addition, the payment of the price shall be KRW 50 million among the existing loans in lieu of the down payment of the down payment of each of the above sales contract, and the intermediate payment of KRW 145 million shall be determined as KRW 115 million after deducting the remainder of the above loans from KRW 30 million, and the civil lawsuit on the relation of the rights of each of the above forests shall be finalized immediately.

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