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(영문) 대전고등법원 2020.01.22 2019나12198

소유권이전등기

Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On July 17, 2012, the Plaintiff purchased 1,652 square meters (50 square meters) out of 4,334 square meters in Sejong Special Self-Governing City (hereinafter “I land”) from a pro-friendly net B (hereinafter “the deceased”).

At the time, the Plaintiff and the Deceased did not set the time to pay the purchase price, and if the Plaintiff fully pays the purchase price, the Deceased’s land was divided to implement the registration procedure for transfer of ownership.

B. The Plaintiff paid the Deceased KRW 83 million in total, including KRW 10 million on July 17, 2012, KRW 26 million on February 26, 2013, KRW 19 million on July 30, 2013, KRW 15 million on September 31, 2013, KRW 9 million on April 11, 2016, and KRW 4 million on April 12, 2016.

C. On February 2013, the Plaintiff filled the instant land through L, M, etc., a equipment lessor, and marked the boundary by means of planting fruit trees and putting them on the front.

In addition, around March 2015, the Plaintiff filled up the land owned by the deceased, such as the remainder of the I land out of L and R, with the exception of the instant land, and paid L KRW 17,50,050 to L with the cost of raising land, and KRW 6,930,00 to R respectively.

On April 2017, the Plaintiff requested NO to divide I’s land into the instant land (1,652 square meters) and the remaining parts (2,682 square meters). On May 2017, the Plaintiff filed an application for permission to engage in development activities with the Sejong Special Self-Governing City Mayor for land division.

O, after having had a seal imprint and a seal imprint affixed by the deceased, he shall prepare a proxy delegation letter stating that "any authority on the matters of authorization and permission on I land, surveying the status of I land, permission for land division (permission for development), change of land category, adjustment of public records, etc. shall be delegated," and the seal imprint certificate of the deceased was affixed on the name next to that of the deceased mentioned in the consent column.

O On the same day, the deceased shall request the Korea Land Information Corporation to conduct a survey on the development permission certificate, and adjust the land cadastre when the division and degree come to a certified judicial scrivener office.