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Reasons
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(영문) 대전지방법원서산지원 2017.11.21 2016가단3890
소유권말소등기
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. C and the network D performance process 1) C are as follows: (a) on February 13, 1999, the deceased on September 23, 200; (b) on February 13, 199, the deceased on February 13, 199

A) A sales contract was concluded between E and 5,000,000 won for the purchase price of KRW 84,00,000,000 for forest land of KRW 33,733 square meters and KRW 65,442 square meters for forest land of KRW 147,270, among forest land of KRW 96,119 square meters, which is the agent of the deceased, and, at that time, C did not complete the registration of ownership transfer for the said land until the deceased died.

However, the deceased’s heir sold some of the above F and G forest shares after the deceased’s death.

3) C filed a lawsuit against the deceased’s inheritors (this Court 2006Gahap691), and on June 14, 2007, the court ordered C to register the transfer of ownership with respect to the land remaining after the deceased’s inheritors among the above objects of sale, and to pay damages for the land already sold (hereinafter “the judgment of this case”).

(2) The judgment of this case was rendered on July 3, 2008, as the deceased’s heir’s appeal and appeal were dismissed. (b) On February 27, 2004, the Plaintiff, H, and I (hereinafter referred to as “Plaintiff, etc.”) concluded a sales contract with C on February 27, 2004, stipulating the purchase price of KRW 1.650 million as to KRW 150 million among the above F, G forest (hereinafter referred to as “instant sales contract”), and paid KRW 150 million as the down payment to C on the same day.

However, the Plaintiff et al. recommended the Defendant to participate in the instant sales contract because the Plaintiff et al. has no ability to pay intermediate payments to C.

Accordingly, the Defendant paid KRW 300 million out of the intermediate payment of KRW 650 million to the parties to the instant sales contract. On March 26, 2004, the Plaintiff and the Defendant paid intermediate payment of KRW 652.5 million to C.

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