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(영문) 수원지방법원여주지원 2015.05.12 2014가단4271
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On April 9, 2001, the Plaintiff entered into a sales contract with the Defendant and C on part of 90,661 square meters of Gyeonggi-do D Forest land (hereinafter “instant forest”). During the review for the conclusion of the said sales contract, the Defendant jointly purchased each land listed in the separate sheet (hereinafter “instant land”) around the instant forest in order to secure access roads to the said forest and the remaining forest owned by the Plaintiff at C’s request, and the registration of transfer of ownership was agreed to be made in the future by the Defendant or C (hereinafter “Defendant”).

B. Around February 2001, pursuant to the above agreement, C entered into a sales contract with E to purchase the instant land at KRW 15 million and paid the down payment of KRW 10 million to E.

C. C was insufficient to pay the remainder of the sales price under the above sales contract, and the Plaintiff agreed with F to pay the remainder of the sales price and purchase the land from E, which is the husband of the Defendant and F. The Plaintiff ratified.

Around September 2001, F entered into a sales contract to purchase the instant land in KRW 15 million between the Plaintiff and the Defendant’s non-existence of the foregoing agreement with the Plaintiff and the Defendant, according to the said agreement.

E. According to the above sales contract with E, F completed the registration of transfer of ownership as received on October 20, 2001, No. 26254, Oct. 20, 2001. On April 18, 2006, F donated the land of this case to the Defendant, and completed the registration of transfer of ownership on the land of this case as the receipt No. 18591, May 3, 2006.

F. Since the sales contract with E, the instant land continues to be occupied and used by the Defendant and F.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, 6, Eul evidence 1 and 2.

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