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(영문) 수원지방법원안산지원 2016.10.13 2015가합24581
토지인도 등 청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The land of this case (hereinafter “instant land”) is an industrial site subject to restrictions on disposal pursuant to the Industrial Cluster Development and Factory Establishment Act, where a basic fact is Asan-si, C’s land for factory is 8,045 square meters.

Accordingly, the U.S. P. S. corporation, the owner of the land of this case, filed an application for disposal with the A.S. Mayor, the management agency of the land of this case, and the A.S. Mayor publicly announced that the land of this case is sold at KRW 1,910,118,181 pursuant to Article 39 of the D above Act.

The Plaintiff and the Defendant filed an application for purchase of the instant land, and on May 21, 2015, the Defendant was selected as the successful bidder in the lottery procedure implemented around 10:00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 5, 6, 7, Eul evidence Nos. 3, 4, and 5, the purport of the whole pleadings

2. On May 21, 2015, executives, including the Plaintiff’s summary of the assertion and the Defendant’s representative director, agreed to divide one half of the size of the instant land into two parts, and the following are the following:

(hereinafter “instant agreement.” However, since the Defendant refused to implement the instant agreement after being determined as the successful bidder of the instant land, the Plaintiff sought the implementation of the procedures for the delivery of the instant land and ownership transfer registration against the Defendant.

3. In order to establish a judgment contract on the cause of a claim, there is a need for the parties to agree on all matters constituting the content of the contract in question, but there is no need for such agreement on such essential matters or important matters to be specifically agreed upon or at least on standards and methods that may be specifically specified in the future.

(See Supreme Court Decision 200Da51650 Decided March 23, 2001, etc.). The parties to a transaction agree to transfer the property rights to the other party and the other party agrees to transfer the said rights.

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