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(영문) 창원지방법원 거창지원 2018.05.29 2017가단549
소유권이전등기말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

The plaintiff is a director of E in the medical corporation that operates the D convalescent hospital, and F is the representative of the defendant company.

On August 31, 2004, F completed the registration of transfer of ownership as to 70,275 square meters of G forest land in Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant forest”).

On July 31, 2013, the Plaintiff completed the registration of transfer of ownership with respect to C forest land of 99 square meters (hereinafter “instant land”).

On July 7, 2016, H and the Plaintiff’s winter I prepared a performance note stating that “F will consent to use land so that it can be constructed on the land of 300 square meters desired to the Plaintiff, as much as possible, among the forest land in this case” (hereinafter “instant performance note”) with the presence of H and the Plaintiff’s East I.

On July 8, 2016, the Plaintiff completed the registration of ownership transfer for the instant land to the Defendant on the ground of sale as of July 7, 2016. On the same day, the Plaintiff completed the registration of ownership transfer for one-half of the 52 square meters of J-gun, Chungcheongnam-gun, Chungcheongnam-do (hereinafter “instant road shares”) from F for sale on July 7, 2017. The registration of ownership transfer for each of the instant real estate shares was completed on the ground of sale on July 7, 2017. The copy of the register of real estate related to each of the instant real estate states that the said sales price is KRW 10 million.

H around March 2017, the Plaintiff stated that “If the Plaintiff creates a site of 10,000 square meters in the forest of this case, F would allow the Plaintiff to open the house in 300 square meters, it would be known that it would be possible for the Plaintiff to open the house, but it would be said that F would not know about exchange and at the time of 30 square meters (this refers to the land of this case) without any registration.” At this time, H said, “it is impossible to open the road even at 300 square meters.”

F agrees on October 24, 2017 to install three containers on the ground that 4,401m2 owned by F on the fourth day for pleading of the instant case on October 24, 2017, the Plaintiff installed three containers on the ground that f owned by the Plaintiff.

“A letter of consent to the use of the site was prepared, and the Plaintiff installed three containers on the ground above the above land at that time. F on April 24, 2018, on the sixth day for pleading of the instant case, “The development activities on the forest of this case” is permitted.

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