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(영문) 대구지방법원영덕지원 2016.04.19 2015가단4509

소유권이전등기

Text

1. The defendant,

A. Of the size of 16 square meters in the attached Form 8, 12, 18, 17, and 8 to Plaintiff A, the respective points are indicated in the attached Form 8, 12, 18, 17, and 8.

Reasons

1. Basic facts

A. Plaintiff A is the owner of G G-gun 374 square meters in Ulsan-gun, Chungcheongnam-do, and the said land was divided into G-do 358 square meters and D-16 square meters in size (hereinafter “instant land”). around June 30, 2015, the said land was divided into approximately 358 square meters in G and D-16 square meters in size.

B. Plaintiff B is an owner of 33 square meters in Chungcheongnam-gun, Chungcheongnam-do, Ulsan-do.

C. The Defendant is the owner of H 158 square meters in Ulsan-gun, Ulsan-gun, and the said land was divided into I, I, 142, and F, 16 square meters in size (hereinafter “instant land”). D, around June 30, 2015, the said land was divided into KRW 142, and KRW 16 square meters in size.

The Defendant owns a steel reinforced concrete structure building on the ground of 6m2,00 square meters in the connected part of 5m2, which is located in order to indicate the attached drawing among the instant land (1) in the order of 8,12,18,17, and8.

E. The Defendant owns a steel-rein concrete structure building on the ground of 2 square meters in part of “bbb” in the ship connecting each point of 10, 11, 12, 8, 9, and 10 square meters in the attached Form No. 10, 12, 12, 8, 9, and 10, among the 33 square meters in the 33

[Ground of recognition] Facts without dispute, Gap 1 to 5 evidence (including each number), the result of the survey and appraisal conducted by the appraiserJ, the purport of the whole pleadings

2. Determination as to Plaintiff A’s claim

A. (1) On May 26, 2015, Plaintiff A and the Defendant agreed to exchange the instant land and the instant land (hereinafter referred to as “instant land”). Accordingly, the Defendant is obligated to implement the procedure for the registration of ownership transfer of the instant land according to the said exchange contract. (2) In order to establish the judgment contract, the agreement between the parties is required to be reached, and the agreement should not be required for all matters constituting the terms of the relevant contract, but there is a specific agreement with the intent or at least for the future specific criteria and methods that may be specified specifically in the relevant contract.

(see, e.g., Supreme Court Decision 2000Da51650, Mar. 23, 2001).