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Reasons
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(영문) 제주지방법원 2020.06.02 2019가단67564
합의부존재확인 청구의 소
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On August 12, 2004, the Defendant’s mother network H (hereinafter “the deceased”) drafted a will to the Defendant to inherit 1101 square meters of I forest land (hereinafter “I forest”) to the Defendant at Jeju-si owned by himself.

The Deceased died on August 27, 2004, and her husband J and the Defendant was the inheritor.

B. On August 27, 2004, the Defendant filed a lawsuit against J against J to seek implementation of the procedure for ownership transfer registration on the ground of private donation (No. 2112dan18952, Jeju District Court Decision 2112No. 18952), and won the lawsuit, and the Defendant owned the said land alone.

C. On November 1, 2013, the Plaintiff sold I forest and sold part of the price, and purchased E’s 3599 square meters (hereinafter “E”) prior to E on November 2, 2014, and completed each registration of ownership transfer with respect to shares of 1200/3599 in the Plaintiff’s name F, with respect to shares of 1200/3599 in the Plaintiff’s name, under G’s name.

On November 5, 2019, the Plaintiff and the Defendant agreed to the following (hereinafter “instant agreement”).

1. B (referring to the Plaintiff) completes the registration of ownership transfer (referring to the Defendant) by November 30, 2019, with the responsibility of the Plaintiff and the responsibility of F and G shares out of land E as the purchase price of KRW 20 million.

At this time, A shall bear the registration expenses.

2. All trees, warehouses, electricity and water supply facilities on the ground of the above E land shall be recognized as A;

3. Movables, such as the chief executive officer, etc. on the ground above shall be considered to be B;

4. A and B recognize the disbursement of child support, etc. for A with respect to the use of the proceeds of sale of I forest land, and confirm that all of them have been arranged under the condition that the above paragraph 1 is completed.

[Reasons for Recognition] Unsatisfy Facts, Gap 1, 2, 4, and 5 evidence (including numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The Plaintiff asserted that he paid KRW 30 million to the Plaintiff and the Deceased’s KRW 46 million, and purchased I forest land. The Plaintiff is a public official, and is a deceased’s name.

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