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(영문) 대전지방법원 2016.10.04 2015가단34953
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The ratio of shares was 1/2), E (the ratio of shares: 1845/7084), and F (the ratio of shares: 16597/70084) (the ratio of shares: 16597/70084) were co-ownership of C forest land 70,084 square meters prior to the division (hereinafter “C forest”).

B. Before the division, C forest was divided into 60,230 square meters of the Daejeon Seodong-gu C forest and 9,854 square meters of the Daejeon Seodong-gu G forest (hereinafter “G forest”), and the Defendant completed the registration of the entire co-owner’s share transfer on September 20, 2005 with respect to G forest on September 20, 2005.

C. On November 3, 2015, the Defendant completed the registration of ownership transfer on October 30, 2015 with respect to G forest land to the Korea Land and Housing Corporation on the ground of a consultation on land for public use on October 30, 2015.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Gap evidence No. 7, purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff’s assertion 1) around May 2005, the Plaintiff, along with Defendant, H, and I, intended to purchase 3,500 to 5,000 square meters of C forest land before division from D, and paid KRW 60,00,000 to D during the period from May 17, 2005 to May 18, 200. However, the Defendant independently completed the registration of transfer of ownership with respect to G forest purchased with Plaintiff, H, and I, and then sold G forest land to the Korea Land and Housing Corporation on October 30, 2015, and received the compensation solely from the Korea Land and Housing Corporation.

3) Therefore, the Defendant is obligated to pay to the Plaintiff the Plaintiff the amount of KRW 90,00,000 corresponding to the Plaintiff’s share among the compensation that the Defendant received from the Korea Land and Housing Corporation and the amount of KRW 5% per annum as stipulated in the Civil Act from October 30, 2015 to the date this judgment is rendered, and the damages for delay at the rate of KRW 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment. (b) The Plaintiff’s claim is premised on the premise that the Plaintiff purchased KRW 3, i.e., part of the Plaintiff’s share before the division from Defendant, H, and I, and that the Plaintiff purchased KRW 2 (including the serial number) from D, according to each of the entry of Section 1, May 17, 2015.

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