beta
(영문) 부산지방법원 2015.01.08 2014가단200493

소유권이전등기

Text

1. The plaintiff's main claim is dismissed.

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

Basic Facts

Each land of this case and the land of Busan Dong-gu B60 square meters (hereinafter referred to as the "Adjoining land") are located in the cadastral map as follows:

The land adjacent to each of the instant lands (hereinafter referred to as “each of the instant lands, etc.”) was owned by the Defendant, both of which were the land owned by the Defendant.

From around 1986, the Plaintiff owned a house which is an unauthorized building constructed on each of the instant land, etc. (hereinafter “instant house”), and possessed each of the instant land, etc. up to now.

On March 29, 1990, the Defendant completed the registration of ownership transfer for the Plaintiff on the adjoining land due to sale on February 26, 1990.

[Ground of recognition] The plaintiff's ground of claim as to the absence of dispute, Gap evidence 5, Eul evidence 1 (including a provisional number; hereinafter the same shall apply), Eul's testimony, and the main cause of claim as a whole, was notified of sale by the Busan Dong-gu Office, which managed each of the lands, etc. of this case as of March 1989.

Accordingly, on December 28, 1989, the Plaintiff decided to purchase each of the instant lands, etc., and agreed to reduce 20% of the purchase price by purchasing it to the person in charge of the Busan Dong-gu Office and KRW 22 million (the total area of each of the instant lands, etc. is not less than 65 square meters and converted into a plane with the previous area as a unit. It is about 20 square meters per square meters per square year. The Plaintiff agreed to reduce the purchase price by 1.1 million won per square year and paid in a lump sum payment.

Gap evidence 4, Eul evidence 1

2. Although only the parcel number and its size of the adjoining land are indicated as the subject matter of sale under the above contract, it is erroneous that the entry of each lot number of each of the instant land in this case was omitted, and the area indicated as 60 square meters is considered as 3 square meters in one square meter and is written by mistake.

(2) The Plaintiff’s payment of KRW 17.6 million on February 26, 1990 (the amount paid in a lump sum and reduced by 20%)

The plaintiff and the defendant made all payments on the same day, and the certificate of sale made on February 26, 1990 as the date of sale.