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(영문) 창원지방법원 2017.12.19 2017나54347
소유권이전등기
Text

1. The part requesting the cancellation registration of ownership transfer in the judgment of the court of first instance and the part requesting the transfer shall be revoked.

2...

Reasons

1. The following facts may be found, either of the parties to a dispute, or of Gap 1 through 3, and Eul 1 (including branch numbers in the case of additional numbers), and the result of the survey and appraisal conducted on November 4, 2016 at the first instance court, and the overall purport of the pleadings.

On June 21, 1994, the Plaintiff completed each registration of ownership transfer with respect to C & 232 square meters (hereinafter “C land before annexation”), E & 109 square meters (hereinafter “Before annexation”), F & 636 square meters (hereinafter “F land before subdivision”), and completed the registration of ownership preservation with respect to C’s land before annexation on July 6, 1995 (hereinafter “instant building”).

B. On May 10, 2006, the Plaintiff and the Defendant sold 100 square meters of land C and E before the annexation to the Defendant and KRW 90 million among the land E before the annexation. However, on the date of the contract, the Defendant prepared a sales contract with the content that the Plaintiff would pay the remainder of KRW 82 million on May 12, 2006 (hereinafter “the sales contract of this case”).

C. On May 30, 2006, F land before subdivision was divided into G substitute nine square meters (hereinafter “G land before annexation”) on the ship, which connects each point of the same map Nos. 4, 5, 6, 7, and 4, among the instant land as of the same date, and the same map Nos. 4, 5, 6, 7, and 4, among the instant land as of the date of subdivision. D.

With respect to the land C before annexation, G land before annexation, and the building of this case, the Changwon District Court, the Changwon District Court, the receipt of May 30, 2006, No. 6953, and May 29, 2006, completed the registration of ownership transfer under the name of the defendant for sale and purchase on May 29, 2006. The registration certificate is accompanied by a sales contract of May 29, 2006, stating that the plaintiff sells each of the above land and buildings to the defendant for KRW 40 million.

The registration of transfer of ownership in the name of the defendant was completed on June 7, 2006 by the same registry office as the receipt No. 7198 of June 7, 2006, May 29, 2006.

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