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(영문) 수원지방법원 여주지원 2018.10.02 2016가단54157
소유권말소등기
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1. The plaintiff's primary and conjunctive claims against the defendant B and the defendant C Union all of them.

Reasons

The parties’ assertion that Plaintiff E forged a sales contract under the name of the Plaintiff, and completed the registration of ownership transfer for each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to Defendant B on November 6, 2014 and March 17, 2015. Defendant B completed the registration of ownership transfer for each of the instant real estate listed in the separate sheet (hereinafter “each of the instant real estate”). Defendant B completed the registration of ownership transfer for the instant real estate on March 17, 2015 in the future of the Defendant C Cooperatives, and thus, each of the above shares transfer and registration of ownership transfer should be cancelled

Even if each registration under Defendant B’s name was made according to an exchange contract as alleged by Defendant B, Defendant B shall pay to the Plaintiff KRW 71,500,000 as the purchase price of each of the instant real estate.

In addition, Defendant B lost ownership over 496 square meters of Gyeonggi-gu G forest land, which should be transferred to the Plaintiff according to the exchange contract (hereinafter “Fri-gun”). As such, Defendant B’s obligation to transfer ownership under the said exchange contract was impossible.

Since the Plaintiff rescinded the exchange contract on the ground of the above impossibility of performance, Defendant B should pay to the Plaintiff an amount equivalent to KRW 71,500,000 for the purchase price.

In order to secure access roads to the land owned by Defendant B, on June 25, 2014, the Plaintiff constructed a road after acquiring a part of the land owned by Defendant B, and instead, entered into an exchange contract with Defendant B with the content of transferring each of the instant real estate owned by the Plaintiff to Defendant B.

Since the registration of transfer of ownership in the name of Defendant B as to each of the instant real estate was made lawfully in accordance with the above exchange contract, the Plaintiff’s primary claim seeking the cancellation of the above registration is unreasonable.

In addition, since the Plaintiff and Defendant B transferred their own real estate through the above exchange contract and agreed not to receive the purchase price separately, the Plaintiff’s preliminary claim seeking the payment of the purchase price is also unreasonable.

Defendant C. The Defendant C.C.

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