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(영문) 서울중앙지방법원 2014.04.10 2013가합45575
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) was on August 16, 2005 with respect to 16,529 square meters of Gyeonggi-gun C Forest land to the Plaintiff (Counterclaim Defendant).

Reasons

Facts of recognition

On June 4, 2005, the Defendant completed the registration of transfer of shares on February 22, 2005 with respect to one-half share of 222,348 square meters of forests and fields D (hereinafter “the instant real estate before the instant partition”) located in Gyeyang-gun, Gyeonggi-do.

On August 16, 2005, the Plaintiff purchased the purchase price of KRW 830 million (hereinafter “instant contract”) from the Defendant’s share in the real estate prior to the instant partition in KRW 50 million (hereinafter “instant contract”) from the Defendant, and paid the Defendant the remainder of KRW 30 million on August 16, 2005, respectively.

On February 13, 2006, the instant real estate was divided into C forest land 19,322 square meters on February 13, 2006, and the said C forest was divided into E forest land 2,793 square meters and C forest land 16,529 square meters on November 7, 201 (hereinafter “instant real estate”).

In addition, while the Defendant owned 1/2 shares of the instant real estate on April 2, 2007, the Defendant became a registered titleholder with respect to the entire shares of the other co-owners (6,868/19,322) of the instant real estate on March 28, 2007 due to the donation from March 28, 2007, and as to the remaining co-owners (2,793/19,322) on November 7, 2011, each of the co-owners’ shares (2,793/19,322) on November 7, 201.

On the other hand, on October 21, 201, the Plaintiff prepared a written confirmation (hereinafter “instant written confirmation”) stating that “The Plaintiff shall delegate the right to sell and purchase to the Defendant in the instant sales contract, and shall equally bear all the expenses incurred in the sale and purchase of land and all the expenses incurred by the Defendant (such as expenses, taxes, divided expenses, etc. for land price increase) managed and entered from 2005, and shall, in principle, be agreed up until November 4, 201.”

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 4-1, Eul evidence No. 9-1, 3, Eul evidence No. 13-1, 13-1, and 13-1, and the ground for appeal as to the claim for the purport of the entire pleadings.

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