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Reasons
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(영문) 수원지방법원 2020.02.14 2018나86269
소유권이전등기말소 청구의 소
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1.The judgment of the first instance shall be modified as follows:

Defendant B is not less than 35,259 square meters of forest land in Gyeonggi-gun.

Reasons

1. Facts of recognition;

A. 1) B and H enter into the instant exchange contract between G and I on July 9, 2010, as the case may be, the K building located in the Maan-gu, Mayang-gu, Mayang-gu (hereinafter “instant building”).

(2) On March 24, 2011, I concluded a contract to sell all the 5th floor (N orO) of the building owned by G to I (L or M) and the 4th floor (N orO) of the building owned by H (hereinafter collectively referred to as “instant commercial building”). On March 25, 2011, I filed a claim for the return of down payment, etc. against four persons, including G, H, on March 25, 2011 (Seoul District Court Decision 2011Kadan10241) for provisional attachment order (hereinafter collectively referred to as “the instant commercial building”).

3) On April 26, 2012, Defendant B entered into an exchange contract with G and H’s agent P on April 26, 2012 with the content that Defendant B transferred the ownership of Qel located in Asan City to G and H, and that G and H would transfer the ownership of the instant commercial building to Defendant B. On October 15, 2012, the Defendants entered into an exchange contract with the Plaintiff and E’s agent on October 15, 2012, between the Plaintiff and the Plaintiff’s agent, and between the Plaintiff and E’s agent, 352,880 square meters (hereinafter “Tri”) designated by Defendant B from among the G and H’s agent B’s purchase of KRW 1,050,000,000 on the same day, and each contract for selling the instant commercial building in KRW 1,700,000,000 on the same day.

Defendant B, upon completion of the trial between I, G, and H, shall immediately transfer the fourth floor of the instant building to E, and the fifth floor of the said building to Y.

(Matters of Special Agreement)

1. This contract is a comprehensive acceptance contract.

2. The name of the purchaser may be changed at the time of registration;

3. The buyer succeeds to the contract entered into on April 26, 2012 between Defendant B and G and H’s agent P.

4. The maximum maximum debt amount(1.2 billion won) shall be the buyer’s statement of performance (Ⅱ).

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