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(영문) 서울동부지방법원 2020.05.07 2019가단5957
소유권이전등기
Text

1. The Defendant shall enter into an exchange contract on October 2006 with respect to the Plaintiff with respect to the land size of KRW 377 square meters and D forest land size of KRW 243 square meters in Gangseo-gu, Seowon-gun.

Reasons

1. Basic facts

A. The Plaintiff is a person who has promoted the construction project of a new pentan Eri-gun of Gangwon-gu (hereinafter “Ei”).

B. Around October 2006, the Plaintiff exchanged the Plaintiff’s H 857 square meters of forest owned by the Defendant with respect to KRW 100 million in which the Defendant invested in the development of F land, and 620 square meters of forest owned by the Defendant, and the Plaintiff entered into an agreement between the Defendant and the Defendant on November 3 through 4, 2006 to complete the registration of the transfer of ownership (hereinafter “instant agreement”). The Plaintiff agreed to pay KRW 20 million to the Defendant, and the due date for the sale of H and I forest shall be KRW 350 million per square day. The sale price of each forest of H and I shall be KRW 35,000 on November 3 through 4, 2006 (hereinafter “instant agreement”).

C. On October 30, 2006, the Plaintiff completed a provisional registration with respect to H and I forest land for the Defendant on the ground of a pre-sale on October 30, 2006, and on November 7, 2006, the principal registration under the Defendant’s name was completed.

[Ground for recognition] A without dispute, Gap evidence 1 (a written agreement, the defendant asserts that the above written agreement was forged, but it can be known by the overall purport of the entries and arguments in Gap evidence 1, Eul evidence 2 and 8, the above written agreement appears to be identical to the defendant's stamp image of the contract submitted by the defendant on the face, and the defendant issued a non-prosecution disposition of suspicion against the plaintiff on the ground of the result of appraisal that the identity of the defendant's stamp image with the defendant's stamp image and the above summary stamp image cannot be excluded from the identity of the defendant's stamp image of the contract submitted by the defendant on the face of the above written agreement, and there is no evidence to prove that the authenticity of the whole written document was established, and otherwise there is no other evidence to prove that the document was forged), Gap evidence 2, 3, 5, 9, 20 each statement, the purport of the whole pleadings, and the purport of the whole pleadings.

2. Determination

A. According to the above facts of determination as to the cause of the claim, the instant agreement transfers the ownership of H/I forest land owned by the Plaintiff’s father and wife to the Defendant.

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