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(영문) 의정부지방법원 2016.12.22 2015가단35171

소유권이전등기

Text

1. As to the real estate stated in the attached list to the Plaintiff, the Defendant is based on sale on April 30, 2012.

Reasons

1. In full view of the facts acknowledged as Gap evidence No. 1 (the real estate sales contract, Gap evidence No. 11-1, Eul evidence No. 11-1, witness Eul's testimony, the appraisal result of this court's appraiser D, the fact-finding results on part of the defendant's principal construction machinery corporation, and the purport of the whole arguments against the defendant, the stamp image of the defendant's name affixed on the above real estate sales contract is recognized as affixed with the seal of the defendant, and the whole document is presumed to have been established as a whole. The defendant alleged that the above real estate sales contract was forged. However, the result of fact-finding on E/Myeon Office and Head Construction Machinery Co., Ltd. of this court's fact-finding on E/Myeon Office and Head Construction Machinery Co., Ltd., the defendant's fact-finding results are insufficient to be recognized, and there is no other evidence to acknowledge the forgery. 2, Gap evidence No. 3-1, No. 4-2, Gap evidence No. 5-1, No. 6-2, and evidence No. 7-1 through 5-2, and the following facts can be acknowledged otherwise.

On April 30, 2012, the Plaintiff entered into a sales contract with the Defendant, setting the sales price of KRW 120,000,000 with respect to the building located on G and H land, excluding the portion of the urban planning road that was newly established at the time, and the portion of the attached list located on G and H land, excluding the portion of the urban planning road that was planned to be newly established.

B. The Plaintiff paid 120,000,000 won to the Defendant on the date of the conclusion of the above sales contract.

C. On February 5, 2014, Glue-gun of Gyeonggi-gu divided the area of 182 square meters into 19 square meters and 143 square meters in Glue-gun, and on May 20, 2014, the ownership transfer registration was made in the name of Pyeongtaek-gun on the ground of an agreement on the acquisition of public land.

F Large 172 square meters was divided into JJ large 53 square meters, K large 31 square meters, and F large 88 square meters on February 5, 2014. The J land is a transfer of ownership in the name of Pyeongtaek-gun on May 20, 2014.