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(영문) 청주지방법원충주지원 2020.11.04 2020가단21346
소유권말소등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff (former name: E) and Nonparty F shared 1/2 shares of D forest 6,746 square meters (hereinafter “land before division”) in Chungcheongnam-si, Chungcheongnam-si. However, as F’s debt, F shares (1/2) out of the land before division were awarded to Defendant C on June 12, 2007, the registration of ownership transfer was completed on July 4, 2007 with respect to 1/2 shares of the land before subdivision due to compulsory auction.

B. Since the subdivision, the land before the subdivision was divided into 3,680 square meters of D forest land (hereinafter “instant land”), 2,974 square meters of G forest land in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and 92 square meters of H forest land in Chungcheongnam-si, and among which 2,974 square meters of G forest land in Chungcheong-si were 2,873 square meters of land in Chungcheongnam-si as of registration conversion and division.

C. Meanwhile, as to the Plaintiff’s share (1/2) among the land size of 2,873 square meters in the miscellaneous land I in Chungcheongnam-si, the registration of ownership transfer in the name of the Defendant C was completed on July 15, 2009, which was based on the partition of co-owned property on July 7, 2009.

Since then, around March 12, 2018, Defendant C entered into a sales contract with Defendant B to sell the shares of Defendant C (1/2) out of the instant land in the purchase price of KRW 100,000,000 (hereinafter “instant sales contract”).

On the same day, Defendant B paid KRW 101,00,000 in total, including KRW 40,000,000, and KRW 61,000,000 in the account under the name of Nonparty J, designated by Defendant C, according to the instant sales contract. On March 13, 2018, with respect to the 1/2 shares out of the instant land, the registration of ownership transfer (No. 12104, hereinafter “instant ownership transfer”) was completed in the name of Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1, 3, Eul evidence 1 and 3, the purport of the whole pleadings

2. Judgment as to the main claim

A. The gist of the Plaintiff’s assertion is as follows. The Plaintiff asserted against Defendant C as to the 1/2 share out of the instant land.

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