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(영문) 전주지방법원 2017.08.09 2016가단19666

소유권이전등기

Text

1. The defendant made an agreement on September 25, 2006 with respect to each real estate listed in the separate sheet No. 1 list to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 14, 2002, the original Defendant entered into a sales contract with each of the real estate listed in the separate sheet C, D, and the separate sheet No. 2 (hereinafter “each of the instant lands”) with the purchase price of KRW 232 million, and entered into a real estate sales contract (Evidence A No. 8).

In the column of the special terms and conditions of the above real estate sales contract, it is stated that “the warehouse and witine tree in the commercial place shall be included in the sale target.”

B. On April 29, 2002, the original Defendant completed the registration of ownership transfer with respect to the building of this case, which is two warehouses located on the ground of each land of this case and the third real estate listed in the separate sheet No. 2 list (hereinafter “third land of this case”).

The Plaintiff 1’s receipt number shares in the Plaintiff 1’s real estate No. 2 No. 1 (hereinafter “instant land”) No. 3533, 978/2592, 1614/2592, 2, 3533, 3533, 3536/3751 235/375/3714, 2, 3537, 4, 2, 4, 3514, 4, 351 (hereinafter “the instant land No. 4”) received from the Jeju District Court, Jeju District Court received No. 35363, 623/1650/1650/167/105050/1650 of the instant building No. 2)

C. On September 25, 2006, the original Defendant rendered a co-owned property partition consultation with the content that the land No. 3 in this case owned by the Plaintiff, and the land No. 1, 2, and 4 in this case decided to own by the Defendant (hereinafter “instant co-owned property partition consultation”), and completed the co-owned property partition registration as to each land in this case on the same day.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1 through 4, Gap evidence 3, 8, Eul evidence 1-1, 2, and the purport of the whole pleadings

2. At the time when the original Defendant asserted that each of the instant lands was purchased by the Plaintiff, the instant building was also purchased on the ground of the instant land No. 3.