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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. On July 5, 2011, Siwon-based Co., Ltd. (hereinafter “Siwon-based”) completed the registration of transfer of ownership on the basis of sale on May 22, 201, with respect to C forest land of 12,050 square meters (hereinafter “instant forest”).
B. On August 11, 2011, the Defendant completed the registration of ownership transfer based on sale on July 5, 2011 (transaction value 52.5 million won) with respect to 694/12050 shares out of the instant forest land.
C. On May 24, 2011, Siwon issued to the Defendant a receipt stating that “The Defendant received KRW 52.5 million from the purchase price for 694 square meters (210 square meters) of the instant forest.”
Meanwhile, on April 28, 201, and May 2, 2011, the Plaintiff paid KRW 12,500,000,000 to Siididididi, which included a receipt stating that “The Plaintiff received KRW 12,50,000,000 from the purchase price for 165 square meters (50 square meters) out of the forest of this case.”
[Grounds for recognition] The Plaintiff’s primary cause of claim as to the Plaintiff’s assertion by the parties to the dispute, as to Gap’s No. 1, 2, 4, and 6, and Eul’s evidence No. 1, and the purport of the entire pleadings, purchased shares of 165/12050 out of the forest land of this case from Sindidididididididic, and the Defendant purchased shares of 529/12050 out of the forest land of this case. However, for convenience, the Defendant completed a sales contract by purchasing shares of 694/12050 out of the forest land of this case from Sindididic, and completed the registration of ownership transfer under the name of the Defendant.
Therefore, since the above 694/12050 shares registered in the name of the defendant are shares of the plaintiff, the defendant is obligated to implement the registration procedure for transfer of ownership as to 165/12050 shares out of the forest of this case to the plaintiff.
Although the ownership transfer registration is made in the name of the defendant with respect to the shares of 694/12050 out of the forest land of this case, the shares of 165/12050 among them are shares of the plaintiff.