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(영문) 대구지방법원서부지원 2017.08.16 2016가단58670

소유권이전등기

Text

1. As to Defendant C’s share of 123/221 square meters in Daegu-gun D major 85 square meters, the Daegu District Court.

Reasons

1. Facts of recognition;

A. On December 3, 1998, the Plaintiff entered into a sales contract between the Plaintiff and the Defendant B. 1) The Plaintiff’s answer 221m2 from Defendant B, Daegu-gun, Daegu-gun, Inc. (hereinafter “the land before division”).

The Plaintiff and the Defendant agreed to increase or decrease the specific size of the land subject to sale and purchase and its final sales amount in accordance with the result of the survey as stipulated in the special agreement, when considering the remaining part of the land in light of approximately 2.3 square meters and concluding a real estate sales contract to purchase 8,50,000 won (=350,000 won per square meter x 23 square meters). 2) After conducting a survey in January 1999, the Plaintiff and the Defendant specified the land subject to sale and purchase as the remaining part of the land prior to the division as 89 square meters (hereinafter “land subject to sale”) of the remaining part of the land prior to the division (hereinafter “land subject to sale”) as indicated in the survey result map, and accordingly, determined the purchase price as KRW 9,450,00 (per square meter x

(3) The Plaintiff paid the purchase price to Defendant B and received the land to be traded pursuant to the instant sales contract. However, on February 2, 1999, the Plaintiff’s mother completed the registration of transfer of ownership in the name of F, with respect to 89/221 of the total share of the land before subdivision due to the failure to perform subdivision works. (B) The land before subdivision and the subsequent completion of the registration of transfer of ownership in the name of F, the Plaintiff’s mother. The land before subdivision and the subsequent completion of the division is divided in July 2000, the portion of the land falling under the land to be traded in Daegu-gun-gun (hereinafter “D land”) and 85 square meters of land category (hereinafter “E land”) and 4 square meters of E-road (hereinafter “E land”). The remainder became 132 square meters of G.

2) As to 89/221 of F’s shares in D land, the Plaintiff completed the registration of ownership transfer on May 6, 2013, the Plaintiff’s 30th of the same month. (3) Defendant C completed the registration of ownership transfer on May 30, 2016 with respect to 123/221 out of 132/221 of Defendant B’s shares in D land on the same day due to purchase and sale as of May 30, 2016, and the registration of ownership transfer was completed on the same day, and the registration of additional branch branch of Daegu District Court No. 60592, May 30, 2016; and 1.