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(영문) 창원지방법원진주지원 2014.07.04 2013가단31270

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 24, 1996, the Plaintiff purchased 20,000 square meters of 3,081 square meters from the non-party C and the non-party D, Dong-dong, Chungcheongnam-gun, Chungcheongnam-do, and paid 1,20,000 square meters on the day. At the time of the above sale and purchase contract, the Plaintiff agreed that the land size and location after subdivision shall be determined by the Plaintiff. The land to be acquired by the Plaintiff as a result of subdivision is determined as 1,360,300 square meters of 223 square meters of B, Dong-dong, Chungcheongnam-gun, Seoul (hereinafter referred to as “after subdivision”) and the price is determined as 1,360,300,000 won. The Plaintiff received 1,360,300,000 won from the sale and purchase to the non-party C, and sought that the Plaintiff implement the ownership transfer registration procedure for the above land after subdivision, but the Defendant asserted that the above C was obligated to complete the ownership transfer registration procedure on the above land after subdivision.

2. However, the plaintiff's assertion is without merit, since there is no ground to deem that the sales contract after the above division between the plaintiff and the non-party C naturally affects the defendant who acquired ownership as a donee of the above land.

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.