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(영문) 수원지방법원여주지원 2016.05.12 2015가단21624
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. A. Around August 16, 2013, the Plaintiff and C, D, and E entered into a sales contract with the Defendant, the amount of KRW 1488 square meters of forest land in Yangyang-gun, Gyeonggi-do, Yangyang-gun, Gyeonggi-do (the land was divided into KRW 484 square meters of forest land and KRW 1004 square meters of G forest) owned by the Defendant, on or around December 4, 2014, and the down payment was KRW 20 million and the remainder was 40 million.

The Defendant received KRW 80 million on August 16, 2013, and KRW 100 million on August 27, 2013 as the down payment for each of the instant land.

B. On July 9, 2012, the provisional registration of the right to claim the transfer of ownership in the name of Nonparty H was completed on July 6, 2012, which was based on the trade reservation.

Of the instant land, the following registration was completed with respect to the area of 484 square meters of forest land in Gyeyang-gun, Gyeonggi-do (hereinafter “instant land”).

On December 27, 2013, Nonparty Posnb Co., Ltd. registered the transfer of all H shares (1127/148/148) among the right to claim the transfer of ownership on the grounds of transfer on the 24th day of the same month, and the entire share in the same month as of February 5, 2014.

2. 5. The transfer registration for transfer of ownership was completed to I on the ground of transfer, and the transfer registration for transfer of ownership was completed on June 27, 2014 to Nonparty J as of June 26, 2014.

On August 22, 2014, Nonparty J completed the ownership transfer registration of 1127/148 on August 20, 2014 on the basis of the above provisional registration.

Nonparty J shall serve the same month as of February 17, 2015.

5. The Defendant’s share in each of the instant lands (the remaining share after completing the principal registration based on provisional registration as above) on each of the instant lands due to sale and purchase is completed with respect to 361/148 of share transfer registration.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 3-1, Eul evidence 3-2, the purport of the whole pleadings

2. Ex officio determination as to the legitimacy of the instant lawsuit

A. The plaintiff's assertion summary is Gyeonggi-do.

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