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(영문) 울산지방법원 2018.11.20 2017가단67652
손해배상(기)
Text

1. The plaintiff's primary and conjunctive claims are dismissed.

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

Reasons

1. The facts of recognition - The owners of C Forest land 70,412 square meters and D forest land 6,627 square meters (hereinafter “C before division”) and D forest land 6,627 square meters (hereinafter “B before division”) were F and G, but the ownership transfer was made in the Defendant’s name on March 31, 2005 on the same day due to sale as of March 31, 2005.

- With respect to the purchase of forest land before the division of this case, 11 persons of the defendant, H, I, J, K, L, M, M,O, P, and Q shared the purchase price, to purchase each of the forest land before the division of this case by 1/12 shares (However, K 2/12 shares), but the transfer of ownership is to be registered in the name of the defendant.

- After that, K’s shares in the forest land before the instant partition were transferred to R; K’s shares were transferred to S; Q’s shares were transferred to U; Q’s shares were transferred to U; U’s shares were transferred to the Plaintiff; and the S shares transferred from K were transferred to V.

- On July 28, 2017, one of the above co-owners purchased the above P Shares jointly by other co-owners. The shares of the co-owners were adjusted to K 2/11 shares, and the remaining nine co-owners were adjusted to 1/11 shares, respectively.

- Of the instant forest land before the instant partition, C was divided into 64,147 square meters of the said C forest and 6,266 square meters of W forest and 6,266 square meters on November 17, 2016. Before the division, D was divided into 3,892 square meters of the said D forest, X forest and 2,121 square meters, and E forest and 614 square meters on the same day.

(hereinafter referred to as “the foregoing divided forest land” can only be referred to as the parcel number for the said divided forest land - W and X acquired the ownership of the racing on August 21, 2017 due to the acquisition of public land through consultation. On August 21, 2017, the Defendant received the total of KRW 336,671,130, as the compensation for W and X, 14,357,116, as the steel tower usage fee, and KRW 351,028,246.

- On August 1, 2017, the Defendant prepared and delivered to the Plaintiff a letter of undertaking (A2) as follows:

(hereinafter referred to as “instant transfer agreement”). Y, if the Z becomes aware of sale, each share shall be registered in 11 shares.

registration of equity.

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