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(영문) 대구지방법원김천지원 2020.08.12 2020가단30954
소유권이전등기
Text

1. Division of a 863m2 and 165m2 in C forest land in Kimcheon-si, Kimcheon-si, and the Plaintiff’s sole possession of a 165m2 in D forest land in Kimcheon-si.

Reasons

1. The following facts are either in dispute between the parties or in full view of the purport of the entire pleadings as to Gap evidence 1-1, 2, 3, 4, 5, 6, and Gap evidence 2-1, 2, 3, 4-1, 2, and 3, and 4-1, 2, and 3.

On May 27, 2013, the registration of ownership transfer was completed on May 27, 2013 with respect to C forest land 1028 square meters (hereinafter “C land before division”). However, E purchased a 491 square meters of Kimcheon-si F forest land adjoining C land before division in order to newly build a sports facility (in-house skiing, etc. training center), and obtained approval from the Defendant for the use of land among C land before subdivision as a road subject to building authorization on April 2016, in order to use it as a road subject to building authorization.

B. Since July 1, 2016, E completed the registration of transfer of ownership on the grounds of sale as of 1103 square meters (divisions of F forest land 4831 square meters and G forest land 80 square meters) prior to Kimcheon-si on July 1, 2016 and 1103 square meters prior to H Kimcheon-si (divisions of H 746 square meters prior to H and 357 square meters prior to I), and the Defendant completed the registration of transfer of ownership on the grounds of sale as to 165 percent of land among C land prior to subdivision on May 30, 2016.

C. On July 19, 2016, C land before subdivision was divided into 863 square meters of C forest land and 863 square meters of land (hereinafter “instant land”) and 165 square meters of D forest and 165 square meters of land in Kimcheon-si, Kimcheon-si (hereinafter “instant D land”), and the Defendant shared each of the instant land in proportion to 863/108 and 165/1028.

On the other hand, among each of the instant lands, there was a decision to voluntarily commence the auction on December 4, 2017 with respect to E’s equity and FF Forest No. 4831 square meters, etc. among the instant lands, and on September 23, 2019, the Plaintiff purchased them and completed the registration of ownership transfer in the Plaintiff’s name with respect to E’s equity (165/1028), 4831 square meters of land in each of the instant lands on September 23, 2019, Kimcheon-si, Kimcheon-si, G 80 square meters of forest land, G 746 square meters of forest land, and 357 square meters in each of the instant lands.

(e).

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