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(영문) 대구지방법원 2015.03.10 2014가단107397
소유권이전등기
Text

1. The defendant C is about the non-party D’s 238 square meters of E maintenance and 238 square meters of Gyeongcheon-si, Chungcheongnam-do and F. 54 square meters of Gyeongcheon-si.

Reasons

1. Basic facts

A. On June 2, 2004, Plaintiff A purchased from Nonparty D the amount of KRW 12935 square meters of I forest land (hereinafter “I forest”) and E and F, which are its adjoining land, in KRW 80,000,00,000. On July 6, 2004, Plaintiff A completed the registration of ownership transfer under the name of JA, a corporation it operated only I forest.

B. On May 30, 2005, Plaintiff A entered into an agreement with Nonparty K to divide 6611 square meters out of 12935 square meters of I forest land into KRW 240,000,000.

Although the registration of ownership transfer was completed on the whole of 12935 square meters of I forest land without dividing the first land for construction permission, etc. of Nonparty K, Nonparty K did not pay the purchase price after the lapse of October 8, 2005, which was the date of the payment of the purchase price.

C. On December 12, 2005, the ownership transfer registration was made in the name of Non-Party L on the part of 6646 square meters with the exception of 661 square meters purchased by Non-Party K among the above I forest land 12935 square meters.

On February 13, 2006, among the above I Forest land 12935 square meters, 6611 square meters are as I, and the remaining 6646 square meters are divided into M, and I (61 square meters) was divided into non-party K, while M (646 square meters) was registered as the cause of partition of co-owned property against Non-party L.

E. Nonparty K did not pay KRW 120,000,000 out of the purchase price of 120,000 square meters of 661 square meters, Plaintiff A received a provisional attachment decision (2006Kadan11939) on May 16, 2006, and filed a lawsuit against Nonparty K for a claim for payment of the purchase price on July 21, 2006.

However, on September 23, 2006, the above lawsuit was pending, the non-party C died, and the registration of transfer of ownership was completed on the ground of inheritance due to the division by agreement with the non-party C, who is the non-party C, on the non-party C's children.

F. Defendant C intended to purchase I (661m2) and paid KRW 120,000,000 to Nonparty C, and agreed to take over KRW 120,000,000, the remaining purchase price for Plaintiff C.

In addition, the provisional attachment is revoked on I (661m2), and the above 2006Gahap11573 is revoked, and the plaintiff A shall withdraw the lawsuit claiming the payment of the purchase price.

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