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(영문) 부산지방법원 2016.07.12 2015가단45372

소유권지분 일부이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 10, 2005, the Defendant entered into a sales contract with part of the 952m2m2 in the Plaintiff, E, and Kimhae-si, Kim Jong-si, the Plaintiff owned by the Plaintiff (hereinafter the parcel number of land is specified as only once index), the G forest 522m2m2, and H, 959m2 in the G forest owned by the Plaintiff (hereinafter the “instant sales contract”), and paid KRW 7 million in the contract amount at the time of the conclusion of the contract, and the intermediate payment of KRW 13 million in the intermediate payment is paid at the time of arranging the cadastral record as land division.

On June 13, 2005, the Defendant remitted KRW 13 million to the Plaintiff.

B. F. The F.M. volume of 952 square meters was divided into 446 square meters in F. F. 446 square meters in August 2, 2005, C. 479 square meters in C. 479 square meters in I. and 27 square meters in I. On the same day, H. 959 square meters in total was divided into 894 square meters in H, and 65 square meters in advance in J

C. On August 25, 2005, the Defendant drafted a sales contract with respect to the Plaintiff and C 479 square meters, with respect to the land size of 52 square meters in E and G forest, and the land size of 894 square meters in H, respectively.

On the same day, the defendant prepared a letter stating that the shares to be incorporated into the construction of a road shall be returned after the construction of the road (hereinafter referred to as "each letter of this case"). D.

On September 2, 2005, the registration of ownership transfer was completed in the name of the defendant with respect to C-Y 479 square meters, G 522 square meters, and H 894 square meters.

E. C: (a) on December 23, 2005, a field of 479 square meters was divided into 331 square meters in C and 148 square meters in K; (b) on October 26, 2006, the land was divided into 328 square meters in C and 3 square meters in L field.

G Forest land was divided into 522 square meters on December 23, 2005 into 346 square meters of G forest land, 106 square meters of M forest land, and 70 square meters of forest land.

F. On February 20, 2006, the Defendant transferred to the Plaintiff the ownership of K 148 square meters, K 65 square meters before J, M 106 square meters of forest, N 70 square meters of forest, on the ground of donation.

G. On October 26, 2006, H had been divided into 830 square meters and 64 square meters prior to H on October 26, 2006.

C The land category is changed before August 6, 2013, and H 830 square meters was merged into 1,158 square meters prior to H, and the land classification was divided into 597 square meters prior to C on January 14, 2015 and 561 square meters prior to D.

On the other hand, on March 21, 2008, the area of 64 square meters prior to O was combined with the area of 3 square meters in P field on March 21, 2008 and became 67 square meters in land registration.