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(영문) 의정부지방법원 2012.09.14 2011나21755
매매대금반환
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

On June 19, 2004, the Defendant: (a) sold KRW 12595 square meters of forest land in Gyeonggi-gun, Gyeonggi-do (hereinafter “instant forest land”) owned by the Defendant to the Plaintiff (the purchaser column, other than the Plaintiff, indicated in the sales contract) for the sale of KRW 76.2 million of the purchase price (hereinafter “the instant sale”); (b) received KRW 10 million of the down payment from the Plaintiff on July 30, 2004; and (c) received KRW 66.2 million of the said remainder on July 30, 2004.

After the sale of this case, while the transfer of ownership in the Plaintiff’s name was not completed with respect to the forest of this case, the transfer of ownership in the name D (hereinafter “the transfer of ownership in this case”) was completed on February 4, 2009 with respect to the forest of this case (hereinafter “the forest of this case”) as to the registration of establishment of ownership in the name of Jung-gu District Court No. 1453 on January 2, 2009. On the same day, the registration of establishment of ownership in the name of Eul was completed with respect to the forest of this case (the maximum amount of bonds 60 million won).

[Reasons for Recognition] A. 1, 2, and 3 had no dispute, each entry in the evidence, and all of the arguments, based on the facts of the above recognition as to the grounds for a claim for the purport of the whole pleadings, the defendant was obligated to implement the procedure for ownership transfer registration for the forest land of this case to the plaintiff, but the defendant's obligations were omitted due to the completion of ownership transfer registration for the forest of this case, in terms of social norms.

Therefore, barring special circumstances, the Defendant is obligated to restore the Plaintiff to its original state due to nonperformance.

The summary of the Defendant’s assertion regarding the Defendant’s assertion was received from the Plaintiff, and the Defendant delivered all the documents necessary for the registration of transfer of ownership to the forest of this case to the Plaintiff, thereby providing the Plaintiff with lawful performance in accordance with the content of the obligation.

Nevertheless, the plaintiff did not follow the procedure for the transfer registration of ownership of the forest of this case for five years or more, and on the forest of this case by the defendant.

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