beta
(영문) 의정부지방법원고양지원 2020.05.20 2019가단79806

소유권이전등기말소

Text

1. With respect to the 1,124 square meters in Papju, each point of the attached Form No. 1, 2, 3, 4, 5, 6, 7, 12, 11 and 1 shall be attached hereto.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On April 2016, the Plaintiff owned D 3,291 square meters, C 1,124 square meters (hereinafter “instant land”) and E 1,392 square meters.

B. On April 8, 2016, the Plaintiff: (a) sold the sales price of KRW 112,200,000 (20,000,000,000 on the date of concluding a contract; (b) the intermediate payment of KRW 50,000,00 on May 9, 2016; (c) the outstanding payment of KRW 42,200,000,00,00 on the purchase price; and (d) transferred the ownership of the share of the total area after the remainder payment; and (e) concluded a sales contract that includes a special agreement that the Defendant bears on the part of the total area.

Although the said three lots, including the instant land, were blind on the part owned by the Plaintiff at the time, the said three lots was divided into F. 4,073 square meters (F. 1,487 square meters, G field 1,487 square meters, H field 1,09 square meters on December 22, 2016, and the said F. F. 1,487 square meters was divided into F. F. 935 square meters on November 2, 2016, F. 935 square meters, I field 64 square meters, J. 488 square meters; hereinafter collectively referred to as “the neighboring land of this case”). The construction of a road was predicted up to the lower part of the land indicated in the attached Form B (hereinafter referred to as “B site”).

C. Meanwhile, on April 7, 2016, the Plaintiff prepared a written agreement containing the following (hereinafter “instant agreement”) with respect to 170 square meters (around 52 square meters) out of the neighboring land in the instant case under the title, which is a special agreement, between the Defendant and the Defendant. The said written agreement was not attached to the sales contract dated April 8, 2016.

:

3. After the transfer of ownership, the Defendant concluded a contract with the Plaintiff to sell the land adjacent to the instant case ( April 22, 2016), and implemented a special agreement.

4. Since there are more than two purchaser's land adjacent to the instant case, ownership transfer shall take place as a share after the payment of balance, and it shall proceed after obtaining permission for development activities and permission for subdivision by sale

5. Once the ownership is transferred by equity, the equity holders shall mutually agree to open access roads.