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(영문) 수원지방법원여주지원 2017.11.22 2016가단5346
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. On April 10, 2003, the Crailroad site was divided into 393 square meters (hereinafter “C land before division”) into 208 square meters for C railway site, 105 square meters for D railway site, and 80 square meters for E railway site.

B. On November 4, 2003, the land category of the said D Railroad site was changed to a road.

(hereinafter referred to as “D land”). C.

On February 29, 2016, F railroad site was divided into 474 square meters and 78 square meters in G railroad site.

H Railroad site was 53 square meters on November 9, 2016, and 474 square meters and 354 square meters on the said FF Railroad site were merged and the area was increased to 881 square meters.

[Ground of recognition] Facts without dispute, Gap evidence 7-1, 3-8, the purport of the whole pleadings

2. The parties' assertion

A. On 197, the Plaintiff’s assertion J Co., Ltd. (hereinafter “J”) purchased 110 square meters of the land before subdivision from the Defendant for a new apartment construction project and paid the said purchase price in full.

After that, K, a representative of J, entered into a contract with the Defendant to purchase land C before subdivision, H 53 square meters, F 552 square meters, and I 354 square meters additionally, and paid 15 million won as down payment to the Defendant.

Then, on March 5, 2002, the Plaintiff succeeded to the new apartment construction project of J, and entered into a contract with the Defendant to purchase the land subject to the sale contract of the said real estate from the Defendant for KRW 150 million (hereinafter “instant contract”). The above KRW 18150,000 and KRW 15 million paid between the Defendant and the Defendant to the Defendant shall be treated as the remainder; the contract deposit amount is KRW 50,000 on the date of the contract; KRW 50,000 on August 16, 2002; KRW 20 million on July 1, 2003; and the remainder of KRW 20 million on July 1, 2003.

Therefore, the Defendant changed the land subject to sale to the Plaintiff as stated in the purport of the claim due to the division and merger of land, such as the facts stated in the claim according to the instant sales contract.

shall take the procedure for the registration of transfer of ownership.

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