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1. The Defendant shall pay the Plaintiff the Suwon District Court with respect to the portion of 17/288 square meters out of the land for factory in Yeongdeungpo-gu, Suwon-gu, Suwon-si.
Reasons
1. Facts of recognition;
A. On November 4, 2010, the Plaintiff entered into a sales contract with the Defendant on a specific purchase price of 17 square meters (hereinafter “the instant land”) out of 288 square meters of land for a factory in Young-gu, Suwon-gu, Suwon-si, the Plaintiff owned by the Defendant (hereinafter “instant land”) to sell 34 million won (hereinafter “the instant sales contract”).
B. However, since a factory building was located on the ground of the instant land at the time, it could not be divided pursuant to the relevant statutes and completed the registration of ownership transfer under the Defendant’s name. Accordingly, the Plaintiff and the Defendant agreed to implement the procedures for the registration of ownership transfer under the Defendant’s name when it is possible to divide the instant land later, and the Plaintiff, the buyer, agreed to use the instant land free of charge until that time.
C. Meanwhile, in order to secure the Defendant’s right to claim for the registration of ownership transfer under the instant sales contract, the Plaintiff completed the registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage”) with respect to the portion of 17/288 out of the instant land by the Suwon District Court, the 52980, which was received on June 2, 201, with the maximum debt amount of 36 million won, and the mortgagee as the Defendant.
Then, on August 13, 2014, the Plaintiff removed a factory building located on the ground of the instant land for reconstruction, and on August 13, 2014, the Plaintiff sent a certificate of content demanding cooperation in the process, as it was possible for the Plaintiff to divide the instant land into the Defendant’s land adjacent to the instant land due to the removal of the factory building on the ground of the instant land ( currently trust to the K non-Real Estate Trust Co., Ltd.). However, at the time of the conclusion of the pleadings, the Plaintiff merely responded to the purport that the Defendant wishes to transfer shares because it is impossible to divide by the time of the conclusion