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(영문) 의정부지방법원 2014.07.11 2012가합13306

소유권말소등기

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1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On April 3, 1998, E purchased land from F on the Namyang-si located within the land transaction permission zone, G 2,922 square meters, H 4,274 square meters, J 274 square meters, J 1,957 square meters, K 734 square meters (it was combined with D 10,161 square meters, not less than five parcels on May 11, 2005; hereinafter “instant land”). At that time, E’s purchase price was short of 10,161 square meters, regardless of whether before or after the merger, and thereafter, E’s disposal of ownership was completed with the Defendant, his wife, as 0,000 won, by guaranteeing 30% of the interest of 30% each year, and the Defendant completed the registration of ownership transfer on the instant land’s 00,000 won, 300,000 won, 300,000 won per year, 300,010.

B. L purchased the instant land from E on April 20, 2005 in KRW 960,000,000, and the down payment of KRW 140,000,000 was concluded on the date of the contract, and the intermediate payment of KRW 400,000,000 on May 16, 2005, and the remainder of KRW 420,000 on June 10, 2005 (hereinafter “instant sales contract”).

C. L paid 140,000,000 won as down payment to E on the day of the instant contract pursuant to the instant sales contract, and paid 110,000,000 won as part of the intermediate payment on May 18, 2005.

However, L did not pay E a balance for the reason that there is no access to the land of this case, and E did not pay the balance for the land of this case, and there was a dispute between L and E, such as asserting that the annexation of the land of this case was conducted without its approval, and filing a complaint, etc., L filed a lawsuit against E for the registration of transfer of ownership of the land of this case as 2006Gahap873 on February 1, 2006.

On December 6, 2006, the above court rendered a judgment ordering L to implement the procedure for land transaction application.