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(영문) 창원지방법원진주지원 2016.06.24 2015가단34846
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. A change in ownership on the register 1) C is a 49,983m2 of the forest land in Sacheon-si (hereinafter “the forest land before division”). When it is necessary to specify the land divided from the forest land before division, it is indicated as a parcel number.

(2) On July 4, 1989, the Changwon District Court had completed the registration of ownership transfer on July 8, 1970 by Law No. 5695, which was received on July 8, 1970. 2) E and the Defendant completed the registration of ownership transfer on each of the forest areas before subdivision, under Law No. 8799, which was received on July 4, 1989.

3) F has completed the complete transfer registration of shares under Law No. 4632 of Jun. 23, 1993 with respect to the portion of the C-owned shares in the forest land before division. F completed the transfer registration under Law No. 4632 of Jun. 23, 1993 with respect to the portion of the C-owned shares in the forest land before division. F completed the transfer registration under Law No. 2301 of Mar. 17, 1995 with respect to the portion of the F-owned shares in Law No. 132/49,983 with respect to the portion of the F-owned shares in Law No. 132/49,983 with respect to the portion of the E-owned shares, under Law No. 2730 of Mar. 24, 1995, the Changwon District Court completed the transfer registration under Law No. 4658, Apr. 16, 1995.

5) Therefore, the share of 12,726/49,983 out of the forest land before subdivision was owned by F, and the share of 37,257/49,983 was owned by the Defendant respectively. (B) On March 20, 1995, the Plaintiff purchased 11,52m2 out of the forest land before subdivision from F to be incorporated into a development project for agricultural water in the G district. The Plaintiff additionally paid KRW 70,000,000 after deducting KRW 2,759,600, which was paid in advance to F, from the said purchase price.

(hereinafter “instant transfer contract”). 2 On October 10, 1995, the Plaintiff purchased 1,204 square meters of forest land from F before dividing it into KRW 2,167,200.

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