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(영문) 의정부지방법원고양지원 2016.12.08 2016가단75162
소유권이전등기
Text

1. The Defendant shall enter into an agreement on January 4, 2004 with respect to 14876/34062 of shares among 34,062 square meters of C Forest land, which is sold to the Plaintiff.

Reasons

1. The fact that the defendant is recognized is a clan that has owned the real estate (hereinafter referred to as "D forest") listed in the attached list paragraphs 1 to 3 of the attached list.

However, when it is anticipated that D forest will be incorporated into E site of the Ministry of National Defense, the defendant filed a petition with the Ministry of National Defense by exchanging real estate (hereinafter collectively referred to as "F forest" in total of the three parcels of real estate) listed in the attached table Nos. 4 through 6 among D forest land and land owned by the Ministry of National Defense (Ministry of National Defense) on the part of the Ministry of National Defense, but the consultation was not conducted smoothly.

On November 2, 2003, the defendant held a clan general assembly on November 2, 2003 and passed a resolution to promote the exchange of D forest land and F forest land through the representative G, but to transfer some of the shares of F forest exchanged to those who help to conclude a contract.

The defendant, as the chief of H, requested the plaintiff in relation to the military unit, to assist in the exchange of real estate with the above contents, and the plaintiff and the defendant agreed on January 4, 2004 (hereinafter "the agreement of this case") as follows.

The indication of the family property: The indication of the property of the Ministry of National Defense with a total of 156,540 square meters of D forest land: 61,962 square meters of F forest land (D forest land) and the property of the Ministry of National Defense (F forest land) 61,962 square meters of the size of 156,540 square meters cannot be viewed as the defendant, because it is not possible for the defendant to make a petition to exchange the property of the F forest land (F forest land) with the Ministry of National Defense. The defendant shall delegate the entirety of the above indication D forest and F forest to the plaintiff, and when the registration of ownership transfer is completed in the defendant's name, the plaintiff shall be assigned 24,793 square meters of the above indication F forest, and when the appraisal price of F forest and forest is higher than D forest, the plaintiff shall own 14,876 square meters of the remaining land after deducting the shortage, etc., and even if the land exchange was not established, the plaintiff shall not be held liable for civil criminal liability as to this agreement.

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