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(영문) 창원지방법원 2011.02.15 2010가단24995
소유권이전등기
Text

1. The defendant is based on the sale on June 5, 198 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 5 (including paper numbers), unless there is a dispute between the parties, or in full view of the purport of the whole pleadings:

G purchased 165,320/170 shares and 14,876m2 (hereinafter “I forest before division”) owned by the Defendant from the Defendant on June 5, 1988, and sold each of the above lands to the Plaintiff on June 5, 1988, on which the Plaintiff sold the purchase price of KRW 49.5 million to the Plaintiff on June 5, 198.

(B) The Plaintiff and G’s above sales contract are “the instant sales contract,” and the land subject to the instant sales contract is “the instant land subject to the instant sales contract.”

However, the Plaintiff and G omitted the registration of ownership transfer with respect to the land subject to sale in this case, and transferred the ownership to the Plaintiff from the Plaintiff. The Plaintiff and the Plaintiff agreed to lend the title of K, which is an external k, of the interested parties J, to the Plaintiff and the Plaintiff and B agreed thereto. On June 5, 198, the Plaintiff and B prepared a separate sales contract with the seller B, the purchaser, the Plaintiff, and the observer, who were the observer. On July 16, 1988, the Changwon District Court Kim Jong-hae registry Office (21357) completed the registration of ownership transfer with respect to the land subject to sale in this case.

C. On June 5, 198, the day of the sales contract to G, the Plaintiff paid the down payment of KRW 5 million on June 5, 198, KRW 20 million on June 13, 1998, and KRW 24.5 million on July 8, 198, and paid the purchase price in full.

Before the partition on November 17, 1993, H forest was composed of 16,532 square meters of H forest, 476 square meters of L forest, 72 square meters of M forest, 77 square meters of N forest, and 77 square meters of N forest due to the division. On April 1, 1998, the Plaintiff, a co-owner of each of the above land divided on April 1, 1998, owned by the Plaintiff solely, and owned 476 square meters of L forest, M forest, 72 square meters of forest, and 77 square meters of N forest.

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