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(영문) 부산지방법원 2016.12.06 2016가단311588
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. A. On December 26, 2008, the Plaintiff completed the registration of ownership transfer based on testamentary gift with respect to the shares of 5653/3573 out of the instant forest land among the instant forest land. 2) On January 20, 2009, the Plaintiff completed the registration of ownership transfer for the Defendant on the ground of sale as to the shares of 492/3573 out of the instant forest land No. 1.3573. However, the shares of 1320/3573 out of them were purchased from the Plaintiff at KRW 35 million, and the remaining shares of 3672/3573 (hereinafter “former title trust shares”) were purchased from the Plaintiff, and the ownership transfer registration for the Defendant was completed pursuant to the title trust agreement between the Defendant.

3) On July 19, 2010, at the request of the Plaintiff, the Defendant completed the registration of ownership transfer for shares in the original title trust (826/3573 shares out of the original title trust shares) on the ground of sale. The Defendant, among the original title trust shares, completed the registration of ownership transfer for shares in the title trust (hereinafter “the instant title trust shares”) 2846/33 shares remaining after deducting 826/3573 shares, the ownership transfer registration for which was completed in the future, from among the original title trust shares, “the instant title trust shares”. (B) On December 26, 2008, the Plaintiff completed the registration of ownership transfer for shares in the instant title trust E-Gun, Busan-gun, and 1289§³ and F14182§³ (hereinafter “the instant forest land”). On January 6, 2009, the Plaintiff completed the registration of ownership transfer due to testamentary gift registration for shares in the instant forest under title trust (hereinafter “the instant forest land”).

2) On June 16, 2014, the Plaintiff registered the ownership transfer of the instant forest land No. 2 to I on the ground of sale (hereinafter “instant ownership transfer registration”).

(3) On September 24, 2014, the Plaintiff sold the instant forest land for KRW 29 million to the Defendant on September 24, 2014, and KRW 6 million from the Defendant on September 25, 2014.

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