소유권이전등기
All of the plaintiff's claims against the defendants are dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. The Defendants are co-owners of 11,107 square meters of I forest in Ansan-si (hereinafter “instant land”), who are the same clan members, and the Plaintiff is the owners of 1,302 square meters prior to J in Ansan-si adjacent to the said land.
B. The Plaintiff need to use part of the instant land as a access road in order to make the land owned by the Plaintiff to go to a public road due to franchising.
K and L, a clan member, such as the Defendants, stated that “In order to create a road with a width of four meters necessary for moving from the land above the Plaintiff’s ownership to a road, 215 square meters (65 square meters) out of the instant land is necessary, so that a 215 square meters (65 square meters) out of the instant land may be divided and sold.”
C. M decided to conclude a sales contract at the Plaintiff’s request with the Defendants.
On July 21, 2018, the Plaintiff and the Defendants’ agent M entered into a sales contract with the term “65,000,000 won (contract amounting to KRW 10,000,000) for the sale price of KRW 65,00,000 (contract amount to KRW 55,000,000 when entering into a contract, and payment of KRW 55,000,000 on December 30, 2018), and on December 30, 2018 on the date of delivery of land (hereinafter “instant sales contract”).
On December 2, 2018, the Plaintiff filed an application for permission to engage in development activities with the content of dividing 215 square meters among the instant land under the name of the Defendants with the Ansan City Mayor, and obtained such permission from the Ansan City Mayor on December 14, 2018.
E. The Plaintiff applied for a cadastral status survey on the instant land to the Korea Land Information Corporation in order to divide the instant land according to the said permission for development activities. As a result of the survey conducted on January 25, 2019, the Plaintiff came to know that it is necessary to create a road of four meters wide as indicated in the attached Form.
F. Meanwhile, as agreed with the Plaintiff for the instant sales contract, the Defendants’ respective certificates of personal seal impression, resident registration abstract, and identification cards under the Defendants’ names from November 20, 2018 to November 30, 2018, as agreed with the Plaintiff.