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(영문) 제주지방법원 2015.10.02 2014가단6557

소유권이전등기

Text

1. Of the application for participation by an independent party intervenor, the actions on the land specified in paragraph 1 of the attached Table and paragraph 2 of the attached Table.

Reasons

1. Facts of recognition;

A. As of December 21, 2010, the Plaintiff owned the land of 3643 square meters (hereinafter “D”) prior to D, Jeju-si, Jeju-si, and 321 square meters (hereinafter “E land”) prior to E, and four parcels (hereinafter “E land”). As of December 21, 2010, the Plaintiff owned the land of 3643 square meters (hereinafter “E building”) solely with F.

B. The building is connected to the building without permission listed in paragraph (2) of the attached Table 2 (hereinafter “the building without permission for the connection of this case”). The building without permission for the connection of this case extends to both the land E and the land D and the two lots, such as the attached Table 3.

C. From around around around 2010, the Defendant began to use the instant unauthorized building as a gallon with the consent of the Plaintiff.

There is a sales contract (No. 2-1, hereinafter “instant sales contract”) with the following terms and conditions written between the Plaintiff and the Defendant as of December 21, 2010:

Real estate sales contract

1. Indication of real estate - Location: E, and four parcels outside of land - All superficies (E), area of 321 square meters - Buildings: All buildings, all superficies of orchard, and area of 1034 square meters;

2. Sales amount - the special agreement of KRW 200,000 - The portion of the infiltration into D gallon buildings is recognized as owned by the plaintiff.

- When the plaintiff and the defendant sell their own real estate, they give priority to each other (D, E).

The Plaintiff paid a total of KRW 200 million on several occasions from December 28, 2010 to January 25, 2011, as the sales price under the above sales contract.

F. The Plaintiff and the Defendant were merged into one parcel (101 m2, 101 m2, 717 m2, 756 m2, 874 m2) prior to the registration of three parcels (1,000 m2, J-gun, Jeju-si) among the four parcels, other than the land E, and the actual transfer registration was completed as to one parcel after the said merger.

On January 31, 2011, with respect to the land and E buildings of the seller, the seller, the seller, and the buyer.