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1. Revocation of the first instance judgment.
2. The defendant is marked with C among the forest land D in the city of official land and the attached appraisal map in the attached Form No. 39, 38, 37, 36, 39.
Reasons
1. Basic facts
A. On June 16, 2003, E entered into a sales contract with the Defendant to divide the amount of KRW 1,000 square meters ( approximately 33,00 square meters) out of the 47,767 square meters adjacent land owned by the Defendant (hereinafter “K”) and purchase KRW 50 million (hereinafter “the first sales contract”) in order to establish a access road of KRW 8 meters wide from G forest via G forest in the city of public land owned by the Defendant on June 16, 2003, and paid KRW 50 million to the Defendant on the same day.
On the other hand, the defendant held a clan general meeting and passed a resolution to approve the sale.
B. After the 1st sales contract, E’s husband L was surveying the part to be used as an access road to K and dividing it with a width of eight meters.
As a result, the access road was divided from K on September 22, 2005, and the land was 2850 square meters of H forest in Gongju-si, and this was made subject to registration conversion into 2,850 square meters of F forest land in Gongju-si on the same day (hereinafter “M”).
C. C on December 1, 2005, lent KRW 100 million to N with the joint and several surety of E, and the N was not repaid, and C, on May 23, 2007, as the joint and several surety, E, his husband L, and L, within one month after the payment of the remainder of the auction for G forest land, etc., upon the payment of KRW 40,000,000,000 out of the above debt amount, and M was agreed to move to C if the performance is not possible.
After that, as E fails to implement the above arrangement, C took legal measures such as provisional attachment of E's right to claim ownership transfer registration against the defendant of M.
Since then, on August 6, 2007, C entered into a sales contract with the Defendant’s Vice-Chairperson J on the part of L on August 6, 2007 that purchases M in the purchase price of KRW 50 million from the Defendant.
(hereinafter “Second Sales Contract”). The above sales contract is stipulated as follows:
As to the sale and purchase of approximately KRW 100 square meters to E on June 16, 2003 by the Defendant China, the rights of E shall be transferred to the Plaintiff.
E The unpaid amount of KRW 33 million shall be paid by C in lieu of the J and the completion of the payment.