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(영문) 서울북부지방법원 2015.06.04 2012가단36453

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In around 2003, the Plaintiff developed neighboring land, including 237 square meters, which is the Gyeonggi-do Forest Land (hereinafter “the land before the instant subdivision”), which is the real estate located in the separate sheet, prior to the subdivision of each real estate, and promoted the business of selling the housing site by dividing it into the housing site and the road site, and used approximately 584 square meters (the location is not specified) out of the land before the instant subdivision as a road site. In addition, the Plaintiff decided to sell the remaining land before the instant subdivision and the neighboring land to those who wish to purchase it.

It is confirmed that the land of 584 square meters in the name of the principal (the Defendant) is the right of the Plaintiff (the Plaintiff) among the land of 2377 square meters in Gyeonggi-do (the land prior to the division of this case), and it is confirmed that A provides the necessary documents at the time it is intended to use the land as a road, and after permission to construct, etc. a building to A or a designated person, the real estate of A is transferred to the name or the act of transferring the ownership and cost

B. Nonparty D who represented the Plaintiff [the Nonparty Co., Ltd. E (hereinafter “Nonindicted Company”) with respect to the sales of the housing site on the land before the instant division and the adjoining land at the time of the division.

A) On September 1, 2004, D concluded a contract between the Defendant’s father Nonparty F and the Defendant’s father, representing the Defendant, selling the remainder of 1753 square meters (excluding 584 square meters from the road site, in total 2337 square meters) other than the road site, to KRW 118,250,00 (Provided, That the sales contract provides that 6,000,000 won is included in the sales contract) (hereinafter “the sales contract in this case”) and the housing site and the road site are not divided because the location of the road site is not specified, and as such, D completed the registration of ownership transfer on September 2, 2004 for the entire land before the division in this case, and at that time, it was a road site and the road site.