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(영문) 울산지방법원 2018.07.05 2017나25345

소유권이전등기

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The Plaintiff is the owner of a building D majoring in Ulsan-gun, Ulsan-gun and its ground (hereinafter “Plaintiff building”) adjacent to the instant land.

B. On March 11, 2016, the Defendant completed the registration of ownership transfer on the instant land based on sale on March 4, 2016.

C. Around April 5, 2016, the Defendant came to know, as a result of a cadastral survey on the instant land, that part of the eavess and blocks of the Plaintiff’s building infringed on the part of “B” portion of “B” (hereinafter “B”) 40 square meters on the instant land among the instant land, and filed a lawsuit against the Plaintiff on November 8, 2016 seeking removal and delivery of the ground block fences installed in (b) part of the instant land.

(Ulsan District Court 2016dan24726). D.

On the other hand, on January 23, 2017, the Plaintiff entered into a sales contract with the Defendant to purchase (b) parts of the purchase price at KRW 15 million (hereinafter “instant sales contract”); and the Defendant withdrawn the said lawsuit on January 24, 2017.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap's 1 through 6 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. The assertion and judgment

A. In concluding the instant sales contract with the Plaintiff, the Plaintiff asserted that the Defendant is obligated to implement the procedures for share transfer registration with respect to 40/480 shares out of the instant land, as it entered into an agreement with the Plaintiff on sectional ownership sharing with the content that specifies the location and size of the part in (b) and stipulates the share transfer registration corresponding to the ratio of the area.

B. Comprehensively taking account of the following circumstances acknowledged by adding the overall purport of the pleadings to the respective descriptions of evidence Nos. 2, 2, 2, and 3, the Plaintiff entered into the instant sales contract and entered into an agreement on co-ownership of sectional ownership with the Defendant to specify the location and area of the part (b) between the Defendant and transfer it to the Plaintiff.