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(영문) 창원지방법원 2014.04.02 2013가단12399
소유권이전등기
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1. The Defendants shall pay to the Plaintiff each share indicated in the annexed sheet of 5,851 square meters of G forest land in Kimhae-si, and each share indicated in the annexed sheet of equity in the annexed sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff purchased from H the land of 7,438 square meters of I, J Forest, 5,950 square meters, and 5,851 square meters of G forest (hereinafter “the instant forest”) at Kimhae-si, where the boundary is adjacent to the said forest, and thereby securing access roads, he/she may file a high investment return. He/she recommended an investment while speaking, and H and K purchased 7,438 square meters of I, J forest, 5,950 square meters of land at the same time as the Plaintiff’s introduction.

B. In addition, H, around August 27, 2002, upon the Plaintiff’s investment recommendation, set the purchase price of the land necessary to establish access roads to the forest of this case and the forest of this case jointly with the Plaintiff as KRW 340 million. Of the above purchase price, H and the remaining KRW 60 million were to be borne by the Plaintiff, and the Plaintiff agreed to complete the registration of ownership transfer under their respective names while the Plaintiff, which was in a pro-friendly relationship with the seller, was proceeding with the seller.

(hereinafter “instant joint purchase agreement”). C.

On the other hand, the forest land of this case was owned by L, but the transfer registration was completed in the name of L, the wife of the sea.

Around August 2002, the Plaintiff entered into a sales contract with L who is the actual owner. However, the sales contract (Evidence A 3) includes B (N) who is the nominal owner on the register as the seller, and L as his/her agent.

The contract for the purchase of land necessary to open access to the instant forest and the instant forest in collaboration with H on his behalf (hereinafter “instant contract”). Around that time, the contract for the instant contract for the sale and purchase (Evidence A) is written only as “M, G, forest and field 2,300 square meters” on real estate subject to the sale and purchase, but is written as “G and M” in the column for the special contract.

E. H. H. H. H.

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