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(영문) 수원지방법원여주지원 2016.09.06 2015가단23835
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The C Forest survey document prepared by the Joseon General Department is indicated as follows: (a) 20,00 square meters of Gyeonggi-si D Forest land; (b) 29,100 square meters of forest land; and (c) 20,00 square meters of forest land in Gyeonggi-gu G forest in Yangyang-gun; and (d) 1, J, and K residing in each H.

B. In accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (Act No. 2111), the Plaintiff et al. and 14 (hereinafter “the Plaintiff et al.”) completed each registration of preservation of ownership (hereinafter “the preservation registration of this case”) as to the land listed in the separate sheet No. 1 and 2 (hereinafter “instant No. 1 and 2”) as to the land listed in the separate sheet No. 7326 on July 31, 1970 and the land listed in the separate sheet No. 3 (hereinafter “instant No. 3”) as to the land listed in the separate sheet No. 7016 on July 27, 1970.

C. In accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502), the Defendant completed the registration of ownership transfer (hereinafter “the registration of transfer of this case”) as the receipt No. 17194 on October 25, 1994 with respect to the land No. 1 and 2 of this case by the Suwon District Court Yangyang-gu District Court, Yangyang-gu, the receipt on October 25, 1994, and as the receipt No. 16137 of Oct. 8, 1994.

On February 5, 2013, the Plaintiff drafted a written agreement with the Defendant that “the Defendant shall implement the procedures for the registration of ownership transfer to the Plaintiff and Nonparty L, M, N,O, and P by February 28, 2013 with respect to the land listed in paragraph (4) of the attached Table No. 4 (hereinafter “instant land”)” and “the Plaintiff shall not bring any lawsuit against the Defendant except for the lawsuit for the registration of ownership transfer against the instant land No. 4” (hereinafter “instant agreement”).

E. On March 8, 2013, the Plaintiff drafted a real estate sales contract (hereinafter “instant sales contract”) stating that the Plaintiff would purchase the land No. 4 of this case from the Defendant for KRW 110 million (hereinafter “instant sales contract”).

F. On October 10, 2013, the Plaintiff filed this Court against the Defendant.

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