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(영문) 청주지방법원충주지원 2015.05.06 2014가단5923
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Fact-finding;

A. C Forest land 113,058 square meters (hereinafter “the instant forest”) is forest land owned by some residents of the D Village (hereinafter “village residents”) jointly invested and purchased. On February 12, 1977, the ownership transfer registration was completed by one third of the shares in E, F and G name among village residents.

B. On September 14, 2004, E, F, and G entered into a sales contract for KRW 120,000,000 (hereinafter “instant sales contract”) with respect to the remaining 30,200 square meters (excluding the portion indicated in the attached drawings, “B, c, and divate”) including the worships of some residents among the forest of this case with the Defendant and some residents.

C. On December 15, 2004 with respect to the portion of G out of the instant forest land, the registration of ownership transfer was completed on the ground of inheritance due to future consultation and division H, his spouse.

On the same day, the registration of ownership transfer was completed for all shares of the forest in this case.

After that, the defendant, among village residents, completed the registration of ownership transfer by dividing the sum of 1,500 square meters in 300 square meters each of the above 4,000 square meters to I, J, K, L, and M (hereinafter referred to as "I and five others"), and completed the registration of ownership transfer by 1,50 square meters each of the above 4,00 square meters (in the part of "cream" indicated in the attached drawings, I and five sculptures), and around January 20, 206, the defendant completed the registration of ownership transfer with respect to the shares of 91.8/113,058 out of the forest land of this case to five persons, such as I, etc.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. In consideration of the Plaintiff’s assertion that the Plaintiff was in charge of the brokerage, etc. of the instant sales contract, village residents were to transfer ownership of the said KRW 4,00 out of the forest land of this case to the Plaintiff.

(However, when the Plaintiff receives the ownership of the above 4,00 square meters, the Plaintiff divided the ownership of the 1,500 square meters into 300 square meters from 1,50 square meters.

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