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(영문) 광주지방법원 2012.06.01 2011가합7095
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) was owned by E. The Defendant C purchased it in the voluntary auction procedure on July 29, 2003 and completed the registration of ownership transfer under the name of the Defendant C on August 6, 2003. Of them, each real estate listed in the separate sheet No. 1 to No. 1 to No. 3 is purchased from the Defendant C on November 1, 2004, and completed the registration of ownership transfer under each of the same days.

B. On October 22, 2010, the Plaintiff purchased the instant real estate from the Defendants for KRW 387,900,000 from the purchase price (However, on the real estate listed in attached Form 1(3), the Plaintiff was fully paid the sales price to the Defendants on November 201, 2010 (hereinafter “instant sales contract”). On November 17, 2010, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name with respect to the instant real estate 1 in the name of the Plaintiff.

(However, the registration of ownership transfer was completed in the name of H on November 17, 2010 upon the plaintiff's request for the real estate stated in attached Form 1 Paragraph (1). On April 14, 201, the registration of ownership transfer was completed in the name of the plaintiff, and on real estate listed in attached Form 1 Paragraph (3), 100 square meters is excluded from the sale subject, and the registration of ownership transfer was completed in the name of the plaintiff on November 17, 2010 with respect to the real estate listed in attached Form 1 Paragraph (3).

The respective real estate listed in the separate sheet No. 2 (hereinafter “the instant real estate”) is the land adjacent to the instant real estate. The forests and fields on the road, which are surrounded by cement, are divided into the instant real estate No. 1 and the instant real estate No. 1 and 2 on the basis of the said road. The instant real estate No. 2 from the time of the instant sales contract to the point of time is owned by the I, J, K, L, M, N,O, P, Q, etc.

The real estate Nos. 1 and 2 of this case are planted, and there are trees.

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