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(영문) 대전지방법원공주지원 2016.11.10 2015가단3173

소유권이전등기

Text

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 October 8, 2009, the land subdivision: (i) F 4,458 square meters, F 50 square meters, G 508 square meters, G 58 square meters, H 41 square meters, J 471 square meters, J 471 square meters, K 1,972 square meters, and L 37 square meters; and (ii) M 4,039 square meters, M 415 square meters, N 486 square meters, P 259 square meters, Q 2,401 square meters, and R 438 square meters, each of which was divided into M 415 square meters, P 40 square meters, P 259 square meters, Q 2,401 square meters, and L 438 square meters, prior to the subdivision.

B. On May 24, 2010, the 1,972 square meters in the Sinju divided as above was divided into the 1,929 square meters in K and the 43 square meters in S. On May 24, 2010, the said 1,929 square meters in the said K field was divided into the 644 square meters in K, the 70 square meters in T field, and the 1,215 square meters in U.S. on May 31, 2010.

B. (i) On August 25, 2009, Plaintiff A and B determined the purchase price as KRW 59,900,000 with respect to part of the F in the official city owned by the Defendant as of August 25, 2009 and entered into a real estate sales contract as follows.

1. Indication of real estate;

(a) Location: 90 square meters by drawing division from among the F land in the public city in the public city in the public city (divided into the land subject to planned management by drawing division after permission for diversion of farmland);

(b) Area of land: 90 square meters in a partitioned zone;

2. Terms of contract: The area subject to sale is approximately 1,138.51 square meters (=344.4 square meters x 3.305 square meters/ square meters) in the area subject to sale;

One hundred and seventy-four thousand won per square meter, but 990 square meters shall be registered and transferred, and the remaining area shall be divided into public roads.

B around November 5, 2009, Plaintiff A and B determined the purchase amount to KRW 96,800,000 with respect to the portion of W during the official week divided in the official city V between the Defendant and the Defendant, and entered into a real estate sales contract as follows:

1. Indication of real estate;

A. Location: approximately 1,649.58 square meters out of the area of Wed land at 499 square meters (=499 square meters x 3.305 square meters/ square meters).

On November 25, 2009, the defendant completed the registration of ownership transfer on the ground of sale as of November 19, 2009 with respect to the shares of 825/1972 (the aggregate of shares of plaintiffs A and B is 1,650/1972) among the shares of 1,972 square meters in K-ro 1,972 square meters in official city prior to the division to plaintiffs A and B.

On June 25, 2010, the defendant issued K answer 1.2 to the plaintiff A and B in official city.