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(영문) 춘천지방법원속초지원 2019.10.17 2018가합200562
소유권말소등기
Text

1. As to the Plaintiff (Counterclaim Defendant) with respect to the forest land of 30,338 square meters in the Gangwon Yangyang-gun:

A. Defendant (Counterclaim Plaintiff) B and C are the same.

Reasons

1. Basic facts

A. (1) On January 2, 2017, the Plaintiff’s clan G is the Plaintiff’s legal representative and the Plaintiff’s registration of ownership transfer was completed under the Plaintiff’s name (hereinafter “the instant forest”). The Plaintiff’s clan G is the 30,338 square meters of forest land in Yangyang-gun, Yangyangyang-gun, for which the ownership transfer registration was completed under the Plaintiff

(2) On January 13, 2017, Defendant B and C entered into a sales contract with G, who is represented by the Plaintiff’s representative, with respect to the instant forest land as KRW 700 million (hereinafter “instant sales contract”).

In the instant sales contract, the seller and the representative of the Plaintiff were written as G, and the Plaintiff’s official seal was affixed thereto.

3) On January 13, 2017, Defendant B and C remitted KRW 70 million as the down payment out of the instant forest purchase price to G account. From February 2, 2017 to May 30, 2017, Defendant B and C transferred the remainder of KRW 630 million. B. The Plaintiff’s representative was indicated as I in relation to the registration of transfer of ownership in the name of the Plaintiff on the instant forest land (i.e., the registration of transfer of ownership in the instant case) but the registration of change was completed on April 13, 2017. On the same day, Defendant B and C completed the registration of transfer of ownership with respect to each of the shares in the name of Defendant B and C (hereinafter “the registration of transfer of ownership in the instant case”).

2) On April 13, 2017, the same registry office’s receipt of April 13, 2017, Defendant D Association (hereinafter “Defendant Association”) against the instant forest.

() The registration of creation of superficies was completed on the receipt of the registry office, such as the registration of the establishment of a neighboring mortgage (hereinafter referred to as the “registration office”) by the owner of a superficies as the Defendant partnership. The registration office was completed on August 9, 2017, which was received on August 9, 2017, and the registration of establishment of a neighboring mortgage to Defendant E (hereinafter referred to as the “registration

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