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(영문) 춘천지방법원원주지원 2017.07.20 2016가합6398

소유권이전등기

Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. The plaintiff's primary claim and ancillary claim against the defendant A.

Reasons

1. Basic facts

A. On April 9, 2014, the Plaintiff entered into a contract with Defendant A to obtain civil engineering and construction permission on the instant land; the preparation period is 180 days from the date the contract is concluded; and when civil engineering and construction permission are granted, the Plaintiff entered into a prior contract to purchase the instant land from Defendant A for KRW 7,590,000,000 (hereinafter “prior contract”).

B. On August 26, 2014, the Plaintiff and Defendant A concluded a land sales contract agreement, the main contents of which are extending the preparation period of civil engineering and construction permission for the instant land by March 30, 2015 (hereinafter “contract agreement”).

C. The Plaintiff did not obtain civil and construction permission on the instant land from the permitting authority until March 30, 2015.

With respect to the land in this case, the registration of transfer of ownership in the name of the defendant B was made on September 3, 2015, from the date of receipt No. 56941, Sept. 3, 2015 to September 3, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 26, the purport of the whole pleadings

2. Determination as to the primary claim against Defendant A

A. The Plaintiff’s assertion 1) Inasmuch as the Plaintiff completed all the procedures for deliberation on development activities on the instant land, and received an application for a building permit on August 28, 2015 and received the building permit, the Plaintiff was able to obtain the building permit. As such, the part of the land indicated in the purport of the claim among the instant land subject to the sale and purchase stipulated in the contract agreement between the Plaintiff and the Defendant

(2) As to the instant land, Defendant A, who received KRW 7,356,270,625 as stipulated in a contract agreement from the Plaintiff, has to implement the registration procedure for transfer of ownership on the instant land at the same time. Defendant A did not obtain civil and construction permission on the instant land until March 30, 2015.