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(영문) 울산지방법원 2018.06.26 2017가단57556
손해배상(기)
Text

1. Defendant B: (a) 43,058/112,058/112,00 of Defendant B’s co-ownership shares of 112,562 square meters of the D forest land in racing-si; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The co-owners of 43,058/112,562 shares among D Forest land 112,562 square meters (hereinafter “the instant forest”) in Gyeongbuk-si, Gyeongbuk-si (hereinafter “Seoul Forest”) were E, but the ownership transfer was transferred to F on August 28, 199, but Defendant C in fact purchased from E on trust with F.

B. Of the above forest land, 43,058/112,562 shares were transferred in the name of Defendant B on September 22, 200 on the ground of sale again. Of them, 9,900/112,562 shares (applicable to the size of 3,00 square meters; hereinafter “Defendant B’s shares”) were owned by Defendant B, and the remaining shares were transferred in the name of Defendant B by trust with Defendant B.

(hereinafter referred to as Defendant C’s share in title trust with Defendant B, and C’s share in ownership.

On August 18, 2008, the Plaintiff decided to purchase each of the above Defendants’ shares in the forest of this case (hereinafter “instant sales contract”) and paid KRW 60 million to Defendant C’s shares in the purchase price until September 6, 2008.

In addition, the Plaintiff paid to Defendant B the purchase price of KRW 45 million for the shares owned by Defendant B.

[Ground for Recognition] Defendant B: The fact that there is no dispute between Defendant C and Defendant C, Gap evidence Nos. 1 through 5, Eul evidence Nos. 3 and 4-1 and 4-2, and all purport of the pleading

2. Determination as to the claim against the defendant B

A. The gist of the Plaintiff’s assertion was that the Plaintiff entered into the instant sales contract with the Defendants, and Defendant B received KRW 45 million as the sales price. Considering the area of the subject matter of the said sales contract and the sales price, etc., the said Defendant is obligated to register ownership transfer of shares of KRW 13,814/12,562 out of the forest land of this case, rather than shares of KRW 9,900/112,562.

B. We examine the judgment, the evidence alone presented by the Plaintiff that the said Defendant transferred to the Plaintiff the shares of 13,814/112,562 out of the forest of this case.

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