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(영문) 전주지방법원정읍지원 2020.05.14 2020가단139

소유권이전등기

Text

1. The Defendant is based on the sale on April 10, 2019, with respect to the area of 298 square meters in the 298 square meters in Jeonbuk-gun, Jeonbuk-gun.

Reasons

1. Determination as to the cause of claim

A. On April 10, 2019, the Plaintiff and the Defendant, on April 10, 2019, are 298 square meters (hereinafter “instant land”) between the Plaintiff and the Defendant, from the Defendant, in the area of Jeonbuk-gun, Jeonbuk-gun.

A) A sales contract was prepared to purchase KRW 298 square meters (90 square meters) out of part of 2,022 square meters (2,022 square meters), which is part of the land located in the area of the previous North Korea, located in the area of the land before the partition. Around that time, the Defendant paid KRW 5 million to the Defendant. 2) The instant land was divided into KRW 2,022 square meters on November 12, 2019, which is after the said sales contract was established.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1-3 and the purport of the whole pleadings

B. The court shall recognize the existence and contents of the declaration of intention by the contents of the judgment, unless there is any counter-proof as clear and acceptable, even if the contents of the judgment are clear and acceptable, so long as it recognizes the authenticity of its formation.

According to these legal principles, as long as the Plaintiff and the Defendant drafted a sales contract as above, it is reasonable to deem that the Plaintiff and the Defendant concluded a sales contract for the instant land, barring any special circumstance.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on the instant land to the Plaintiff on April 10, 2019.

2. Determination as to the defendant's assertion

A. A. Around August 2018, the purport of the assertion was to purchase 2102 square meters of the land in the area of the Plaintiff’s introduction or intermediation by the Defendant. Around August 2018, the Plaintiff demanded consent to the use of the land in the area of this case (D) to the Defendant, which is the neighboring area of the instant land, to use the said land. The Plaintiff prepared the instant sales contract (Evidence A 2) in a formal manner and did not actually enter into a sales contract for convenience, and there was no difference between the purchase price of the instant land purchased and the purchase price of the instant land ( KRW 70 million).