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(영문) 의정부지방법원 2015.06.26 2014나12073

소유권이전등기

Text

1. The plaintiff (Counterclaim defendant)'s appeal and the claim added in the trial are dismissed, respectively.

2. An objection to the trial;

Reasons

1. Determination on the main claim

A. On August 10, 2005, the gist of the Plaintiff’s assertion: (a) concluded a real estate sales contract with the Defendant to purchase all of the above ground things, such as the land located in Si C, D, E, and F (hereinafter “land subject to sale”) and the above ground storage, neighborhood living facilities, and housing (hereinafter “instant sales contract”); and (b) purchased all of the above land and its ground things, as well as the real estate indicated in the purport of the claim of the above main claim (hereinafter “instant real estate”); and (c) the Defendant claimed that the registration of ownership transfer for the instant real estate was not completed even if the purchase price was paid in full; and (d) the Defendant filed a claim against the Defendant for the registration of ownership transfer to the instant real estate due to sale on August 10, 2005.

B. In full view of the overall purport of the pleadings and arguments as to the entries and videos set forth in Gap evidence Nos. 1 through 7, the following facts are as follows: ① The special agreement of the sales contract of this case states: (a) "it refers to the delivery key of all the above land and the above land, buildings, etc.; (b) joints, air conditioners, and kimchi air conditioners, etc.; and (c) public charges (electric, telephone, etc.) up to the time of acquisition shall be a seller's burden and transfer; (d) the state-owned land around the above land shall be handed over to the buyer; (c) the real estate of this case is adjacent to the land subject to sale; and (c) the Plaintiff occupied the real estate of this case after purchasing the land subject to sale and its ground object; and (e) installed new ground water, such as chickens, on that point.

However, evidence No. 3, evidence No. 13-2, evidence No. 15, 16, evidence No. 15, Eul No. 1 through 3, evidence No. 5, evidence No. 1 of the first instance court, evidence No. 1 of the first instance court, and the result of on-site inspection by the court of the first instance.