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(영문) 인천지방법원 2015.06.26 2014가합10966
소유권이전등기
Text

1. As to F forest land of 12,941 square meters in Kimpo-si, G forest land of 583 square meters in G forest land, and H forest land of 5,619 square meters in land:

A. The defendant B shall have 3/7 shares.

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be admitted in full view of the whole purport of the pleadings in each entry in Gap evidence 1 to 9 (including each number, if any).

Defendant E, on May 7, 2004, purchased 19,140 square meters of I forest land in Kimpo-si, Kimpo-si, the ownership of Defendant Cheongjin-si Co., Ltd. (hereinafter “Defendant Cheongjin-si”), but if it is not necessary to distinguish before and after the division, Defendant E shall purchase 864,000,000 won of the purchase price, and completed the registration of ownership transfer of the land prior to the division on May 27, 2004, according to the title trust agreement with Nonparty Y (hereinafter “the deceased”).

B. On March 14, 2007, the Plaintiff entered into a sales contract to purchase the land before the instant partition in KRW 1.72 billion (hereinafter “instant sales contract”). The seller’s name under the sales contract is the deceased.

C. The Plaintiff paid 310 million won as the down payment on the date of the instant sales contract, 410 million won as the intermediate payment on April 12, 2007, and 1 billion won as the remainder on May 15, 2007, and paid the purchase price in full, the Plaintiff did not have completed the registration of ownership transfer of the instant land until now.

On the other hand, on May 15, 2007, the land before the instant partition was divided into three parcels, such as 12,941 square meters of F forest land, G forest land 583 square meters, and H forest land 5,619 square meters (hereinafter “instant land”).

E. On April 22, 2014, the Deceased died, and the Defendant C and D (Share 2/7) inherited the deceased’s property, each of which was the wife of the Deceased, and the deceased’s children.

2. Determination

A. We examine whether the contracting party in the position of the seller of the instant sales contract is Defendant E or the deceased, in determining the Plaintiff’s claim against Defendant E.

The fact that the name of the seller is indicated as the deceased under the sales contract of this case is as mentioned above.

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