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(영문) 울산지방법원 2016.11.01 2015가단54478

소유권이전등기

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1.With respect to the Plaintiff, Defendant A shall have a share of 3/4 square meters in Gyeyang City Forest Land 8,033 square meters, Defendant B shall have 1/4.

Reasons

1. The basic facts

The Plaintiff, from the Defendant on April 14, 2014, agreed as follows, to enter into a sales contract (hereinafter “instant sales contract”) to purchase KRW 100,00 in total amount of KRW 2,430 square meters (8,03 square meters, hereinafter “instant forest”).

Defendant A holds 3/4 shares of forest land of this case, and Defendant B holds 1/4 shares.

1) The seller shall complete the contract and the remaining amount at the same time, and the seller within three months shall complete the land division. 2) The seller of land shall first transfer ownership.

3) All responsibility for division of land shall be borne by the seller. 4) The location of division shall be as shown in the attached Form.

(See) If a seller fails to normally divide the land and transfer the ownership within three months, he/she shall transfer the ownership of the entire parcel of land without terms and conditions. (B) The Plaintiff paid the purchase price of KRW 100 million on the date of the contract. (c) The Defendant did not divide the land as of the date of closing argument for three months from the date of the contract. (d) After the instant contract was concluded, the real right as follows was created on the forest of this case. (i) On May 30, 2014 regarding the shares of the Defendant B (1/4), the maximum debt amount of KRW 70 million on the instant forest of this case, the registration of the establishment of a mortgage on the Defendant B, the debtor, the debtor, and the registration of the establishment of a mortgage on January 30, 2015, the maximum debt amount of KRW 50 million in the future, and the registration of the establishment of a mortgage on the Defendant B, the debtor, the debtor, was completed.

2) On September 11, 2014, with respect to the instant forest, the registration of creation of superficies for the Korea Electric Power Corporation, which is the person holding superficies, was completed from September 10, 201 to September 11, 2014, with respect to the public space of 121 square meters in the center of the steel tower in the instant forest and the air space of 950 square meters to 37 meters in the airspace above the ground surface of 16m to 37m in the space above the ground surface of the instant forest, the period from September 10, 2014 to the period in which electric structures continue to exist. [Attachment 43,731,00 won in the land, and the registration of creation of superficies for the Korea Electric Power Corporation, the person holding superficies

2. Determination as to the cause of the claim.