(영문) 춘천지방법원 원주지원 2017.01.12 2016가단31762

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(영문) 춘천지방법원 원주지원 2017.01.12 2016가단31762

소유권이전등기절차이행청구 등

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1. The plaintiff's primary claim (a claim under an agreement) and the first preliminary claim for ownership transfer registration is impossible.

Reasons

1. Basic facts

A. The land of this case (hereinafter “the forest of this case”) is the forest which completed the registration of ownership transfer on November 22, 2007, when the land of this case is deemed C, C, 48694 square meters of the forest of this case (hereinafter “instant forest”).

B. As to the forest land of this case, the registration of ownership transfer was completed in the name of D and E as of May 29, 2008, received on May 29, 2008 from the original Chuncheon District Court.

D and E's co-ownership are 1/2 each.

C. Of the instant forest land, the registration of ownership transfer was completed in the name of 1/2 shares in the name of E (hereinafter “instant shares”) on February 14, 201 with respect to the instant forest land (hereinafter “instant shares”) under the name of Chuncheon District Court as the main district court was received on February 14, 2011, and subsequently, on January 21, 2016, the registration of ownership transfer was completed in the name of Mine stone Co.,, Ltd. (hereinafter “Ucheon District Court”).

[Reasons for Recognition] Gap evidence No. 1

2. Summary of the cause of the claim;

A. On August 2010, the Defendant acknowledged that 1/3 of the instant shares was owned by the Plaintiff, and agreed to pay KRW 175,000,000 to the Plaintiff at the same time when filing a lawsuit for partition of co-owned property against D, which is a co-owner after the transfer, was finalized by filing a lawsuit for partition of co-owned property against the Plaintiff.

The defendant filed a partition lawsuit against D, and the partition of co-owned property became final and conclusive by auction division.

Therefore, the defendant should pay the plaintiff KRW 175,000,000 according to the above agreement.

B. In the case where the Defendant’s preliminary claim for the first preliminary claim was unable to extract aggregate in the forest of this case, the Defendant did not have any meaning to acquire the shares of this case, and the Defendant had the Plaintiff registered the ownership transfer again with 1/3 of the shares of this case to the Plaintiff.

However, on January 21, 2016, the Defendant transferred the instant shares to the Mine stone Co., Ltd., and accordingly, the Defendant’s obligation to transfer ownership to the Plaintiff was impossible.

Therefore, the defendant is liable to the plaintiff for damages.

유사 판례

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