logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.03.24 2014나46218
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On April 8, 2005, the Defendant and D concluded a sales contract with the Defendant to sell KRW 545,000,000,000 for a price of KRW 54,00,000,000,000,000,000 in F forest land L (L) prior to the division, which is owned by the Defendant, and KRW 545,000,000,000,000,000,000 for KRW 4,272,000,000,000,000.

(hereinafter “instant sales contract”). B.

C paid KRW 450 million to G, who is the husband of the Defendant, designated as the recipient of the purchase price. Of these, KRW 200 million, the amount of KRW 545 square meters of forests and fields in F, and KRW 545 square meters of forests and fields in E, 4,272 square meters of forests and fields before division, was paid as KRW 260 million of maximum debt amount, and KRW 260 million of the debtor, Defendant, and the National Federation of Korea Federation of Collaterals, with regard to the share of KRW 50 million of forest land in E, 272 square meters

C. On September 9, 2005, after dividing F forest land into F forest land of 353 square meters on September 9, 2005, the land category on April 21, 2009 was changed to “road”;

K Forest land was divided into 192 square meters (the land category on April 21, 2009 changed from “forest” to “site”; hereinafter “instant land”). On September 9, 2005, E forest land divided into 4,272 square meters prior to the division into E forest land into 545 square meters on September 2, 2005, the land category on July 2, 2007 changed to “road”;

M M Forest land is divided into 503 square meters, 492 square meters for N Forest, 612 square meters for O forest, 483 square meters for P forest, and 1,637 square meters for Q forest.

The defendant and G (hereinafter "the defendant's side") filed an application for provisional disposition with the defendant as the preserved right by claiming ownership transfer registration based on sale and purchase of F forest land including the land in this case and E forest land 545 square meters after division, as seen earlier on May 1, 2007. According to the agreement in this case, if the defendant and G return KRW 450 million to C as the restoration following the cancellation of the agreement in this case, the application for provisional disposition with respect to each of the above land is withdrawn.

arrow