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(영문) 대구지방법원 2016.06.30 2015나302268
소유권이전등기
Text

1.Paragraph 2 of the order of the first instance judgment, including any primary claim added at the trial, shall be amended as follows:

Reasons

1. The first instance court accepted only the part of the plaintiffs' claims that the defendant C requested to implement the procedure for registration cancellation of ownership transfer registration against the non-party D, and dismissed all of the remaining claims.

Since only the plaintiffs appealed, the above quoted part was excluded from the scope of the trial of the party.

2. Basic facts

A. On June 2, 2004, Plaintiff A purchased land of seven parcels, including KRW 80,00,000,000 from Nonparty D, in total, 12,935 square meters of I forest land in Yong-si (hereinafter “I forest land before division”). On July 6, 2004, Plaintiff A completed the registration of ownership transfer in the name of J Co., Ltd., a corporation, one of which he operated only I forest before division.

B. On May 30, 2005, Plaintiff A entered into an agreement with Nonparty K to divide the amount of 6,611 square meters out of 12,935 square meters of I forest land before division into KRW 240,000,000.

Plaintiff

A had completed the registration of ownership transfer with respect to the whole of 12,935 square meters of I forest land before the division on June 18, 2005 without dividing the first land for the construction permission, etc. of K, but K did not pay the purchase price after the lapse of October 8, 2005, which is the date of the payment of the purchase price.

C. On December 12, 2005, the ownership transfer registration was made in the name of Nonparty L with respect to the portion of 6324/12935 square meters out of 12,935 square meters of I forest land before subdivision.

On January 24, 2006, the area of 12,935 square meters of I forest was changed to 13,257 square meters due to the boundary correction. On February 13, 2006, the 6,611 square meters among them was divided into I, and the remaining 6,646 square meters was divided into Ma.

On the same day, 6,611 square meters of I forest land (hereinafter referred to as "I forest after division") was registered with K, while M forest land 6,646 square meters (hereinafter referred to as "M forest") was registered with the network L for share transfer due to the division of common property.

E. K did not pay KRW 120,00,000 out of the purchase price of I forest land before subdivision, and the Plaintiff A received a decision on the provisional seizure of real estate on May 16, 2006 (this Court Decision 2006Kadan11939). On July 21, 2006, K made the purchase price under this Court No. 2006Gahap11573.

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