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(영문) 서울중앙지방법원 2015.09.04 2014가합1787
소유권이전등기
Text

1. The Defendant made an agreement on December 22, 2014 with respect to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 8, 2004, the Plaintiff and the Defendant invested KRW 4,500,000,000, and agreed to additionally pay KRW 500,000,000 to the Defendant for the purchase price, out of three parcels of land of 30,645 square meters of Do forest, E, 23,659 square meters of forest, and F, 6,559 square meters of 30,000 square meters of forest owned by the Defendant (hereinafter “instant project site”). In addition, the Plaintiff purchased 10,000 square meters of land of 30,000 square meters of 30,000 square meters from the Defendant and additionally paid KRW 50,000,000 from the profits accrued from the said development project.

(hereinafter “instant investment agreement”). The Plaintiff paid KRW 1,500,000 to the Defendant five times in total from September 30, 2004 to May 26, 2008 pursuant to the said agreement.

B. After the conclusion of the instant investment agreement, the instant project site was subdivided over several occasions, and the details thereof are as follows.

1) On May 2, 2006, D forest land 30,645 square meters was converted into G forest land 30,230 square meters. 2) On July 11, 2006, E forest land 23,659 square meters was divided into E forest land 22,503 square meters, H forest land 477 square meters, and I forest land 679 square meters.

Among them, E- 22,503 square meters of forest land was subject to registration conversion into 22,520 square meters of J forest on March 14, 2007, and was re-divided into 11,018 square meters of J forest, 439 square meters of K forest, 10,063 square meters of L forest.

In addition, J Forest land was divided into 1,018 square meters on December 17, 2014 into J Forest land 8,277 square meters and M forest 2,741 square meters on December 17, 2014.

3. F forest land 66,559 square meters was corrected on May 2, 2006 to 65,258 square meters. On March 14, 2007, N forest land registration conversion was made with 65,258 square meters, and N forest land was divided into 8,882 square meters and 56,376 square meters on the same day.

N Forest 8,882 square meters were divided into N Forest 8,644 square meters and P Forest 238 square meters on February 25, 2009. Among them, N Forest 8,644 square meters were subdivided into 8,631 square meters and Q Forest 213 square meters on October 2, 2014.

In addition, O forest 56,376 square meters was divided into 35,948 square meters for O forest, 2,478 square meters for R forest, 4,29 square meters for S forest, 361 square meters for T forest, 11,53 square meters for U forest, 1,757 square meters for V forest on the same day.

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