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(영문) 수원지방법원 2016.11.04 2015나17545
지분이전등기 청구
Text

1.The judgment of the first instance shall be modified as follows:

The Defendants receive KRW 26,660,000 from the Plaintiff.

Reasons

1. Basic facts

A. On March 14, 2012, the Plaintiff’s father entered into a contract with Defendant B to purchase KRW 400 million with respect to KRW 50,281 square meters of Pyeongtaek-si E Forest Land (hereinafter “E land”). Defendant B paid KRW 180 million totaling KRW 120 million on March 14, 2012 with the purchase price.

B. At the time, land E was jointly owned by Defendant G, Defendant H, Defendant I, Defendant M, Defendant N, DefendantO, R, S, and Defendant B. However, at the time of the conclusion of the instant first sales contract, Defendant B was granted the power of representation regarding the conclusion of the sales contract by all the remaining co-owners.

C. On July 31, 2012, the part that D intended to purchase under the instant primary sales contract was divided into KRW 4,959 square meters for Pyeongtaek-si C Forest land (hereinafter “C”).

A sales contract between the Plaintiff and Defendant B on August 27, 2014, stating that the sale price of KRW 206,660,000 shall be KRW 206,60,000 among the land in C (hereinafter “instant sales contract”). The said sales contract is written between the Plaintiff and Defendant B, and the seal of Defendant B is affixed on the name of the seller in the name of Defendant B.

The following matters are indicated in the column for the special terms and conditions of the sales contract of this case:

1. This contract shall be transferred in installments in accordance with the above size as a contract for a part of the entire area.

The parts on the division shall be mutually cooperate.

4.As a result of the division, separate attachment after the reference drawing.

On the other hand, the death of R, inheritance of the property of Defendant J, K, and L, and due to the death of S, Defendant P and Q succeeded to the property of the net S.

F. On August 29, 2016, the part inside the instant land connected each point of which, in turn, falls under the indication 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 11 of the annexed drawings (hereinafter “the instant part of land”) is “F land” below 2,645 square meters in Pyeongtaek-siF forest.

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