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(영문) 수원지방법원 2015.10.29 2015나3164

소유권이전등기

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1. The part against the defendant in the judgment of the court of first instance, which orders payment below, shall be against the plaintiff.

Reasons

1. After remand, the judgment of remanding the scope of the trial by the party branch was reversed only the part against the defendant in the judgment of the party branch prior to remand, and remanded to party members. The claim against the co-defendant C of the party branch prior to remand was finalized.

Therefore, only the part of the plaintiff's claim against the defendant is subject to a trial by the party after remand.

2. Basic facts

A. Before the conclusion of the sales contract, E acquired ownership on November 2, 1987 with respect to the land size of 2,377 square meters prior to K prior to the conclusion of the sales contract. On February 12, 1982, the ownership was divided into 2,325 square meters prior to K and 52 square meters prior to F. P was changed into Q “ Q” on September 1, 1992, following the change of the administrative district name. (ii) on April 2, 1994, the ownership transfer registration in the Plaintiff’s name was completed on April 21, 1994; and again on December 30, 1996, the ownership transfer registration in the name of G was completed in sequence.

(E) 1,663/2,325 shares, G 62/2,325 shares, and 662/2,325 shares) The area of 2,325 square meters prior to Ansan City is 1,663 square meters prior to D February 25, 197 (hereinafter referred to as "land prior to subdivision").

A) The E’s shares (1,663 shares) and G’s shares (62/2,325 shares) were divided into 662m2 and E’s shares (62/2,325 shares) were transferred to the same land. 4) The voluntary auction procedure (1,663/25 of E’s shares (1,663/2,325 shares) was commenced regarding E’s shares (1,663/2,325 shares) in the land before division. The Defendant awarded a successful bid on September 14, 201 and completed the registration of transfer of ownership in the name on September 29, 2001.

(The defendant owns 1,663 shares and G own 662/2,325 shares, respectively). (b)

(1) The Plaintiff entered into a sales contract (hereinafter “instant sales contract”) with the Defendant to purchase KRW 150,000 per square year the remainder of the land before the division, excluding the site for road use, among the land before the division, after receiving a successful bid for E’s share (1,663/2,325) for the land before the division (hereinafter “instant sales contract”).

(2) The agreement was made (hereinafter referred to as “instant agreement”) which was prepared at the time of the instant contract.