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(영문) 대전지방법원공주지원 2020.07.09 2019가단1137
소유권말소등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On July 8, 2011, C purchased the purchaser’s name in the amount of KRW 1.55 billion with H and I, from D, KRW 33,69 square meters prior to E, F forest land 28,760 square meters, G forest land 4242 square meters (hereinafter “land prior to division”).

B. On September 6, 2011, J purchased part of E land of KRW 3305 square meters (the location was specified) from C in the land before subdivision (However, the seller’s name in the sales contract was H, one of the nominal buyers at the time of purchase from the immediately preceding owner D), and transferred the down payment of KRW 14 million on the date of the contract to H’s account.

C. On December 26, 2011, C changed the name of D and buyer from H and I to Plaintiff, and completed the registration of ownership transfer in the future of the Plaintiff, retroactively from November 15, 201, on the land before division due to the said sales contract.

J on December 26, 2011, paid to the Plaintiff an intermediate payment of KRW 100 million over part 3305 square meters of the above E’s land.

E. On December 26, 2011, J mediated the Defendant to purchase some of KRW 3305 square meters of the above E land in KRW 200 million, and the Plaintiff and the Defendant concluded a sales contract with regard to the above part of land in KRW 200 million orally.

F. On July 11, 2012, the Plaintiff and the Defendant entered into a sales contract with the Plaintiff’s share of KRW 33669,000,000,000 for KRW 200,000,000,000,0000,000,0000,0000,000,000,000,000,000,000,000,000,000,000,000

G. On July 31, 2012, the Plaintiff completed the registration of ownership transfer on the ground of sale as of July 11, 2017 with respect to the portion of 3305.8/33669 out of the land E before subdivision to the Defendant.

H. Since the subdivision, E land was divided into K, L, M, and N in official cities, and the said L land was subdivided into L,O, P, Q, and R, respectively.

I. On February 6, 2013, the Defendant: (a) the instant case is not more than 3305 square meters prior to P, Sinju-si.

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