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(영문) 대구지방법원김천지원 2017.10.26 2016가단5135
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant: (a) KRW 2,567,330 and Kimcheon-si C from October 1, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. On July 15, 2006, the Plaintiff entered into a sales contract with the Defendant and Kimcheon-si 278 square meters (hereinafter “first land”) with respect to the purchase price of KRW 16 million (hereinafter “first sales contract”), and completed the registration of ownership transfer in the Plaintiff’s name with respect to the land No. 1 on August 14, 2006.

B. On the ground of No. 1, there is a building indicated in the separate sheet (hereinafter “No. 1”) unregistered in the state of registration. While the building No. 1 is located on the ground of the land No. 1, it is registered on the register as being on the ground of No. 1 and 397 square meters (hereinafter “No. 2 land”).

C. On April 2, 1990, the Defendant newly constructed the first building and registered it in the building ledger, and used the first building as a warehouse.

On July 15, 2006, the Plaintiff’s husband E entered into a sales contract with the Defendant on the land No. 2 and the land No. 2 (hereinafter “second building”) (hereinafter “second sales contract”), and completed the registration of ownership transfer in the name of E on August 14, 2006 for the land No. 2 and building No. 2.

E. Land rents for land 1 from March 1, 2014 to September 30, 2017 are KRW 2,567,330 in total as listed below, and monthly rent after October 1, 2017 is KRW 65,330 in total.

The purport of the entire pleadings is as follows: (a) the sum of the fixed period between March 1, 2014 and February 28, 2015, KRW 675,540, KRW 675,540 from March 1, 2015 to February 28, 2016; (b) KRW 692,220, KRW 220 from February 28, 2016 to February 28, 2016; (c) KRW 742,260 from March 1, 2016 to February 28, 2017; (d) KRW 2,567,330 in total (e.g., KRW 65,30 from March 1, 2017 to September 30, 2017; and (e) there is no dispute over the grounds for recognition; (e) the entries in subparagraphs 1 through 4, 7, and 9; and (e) the purport of the entire pleadings.

2. The parties' assertion

A. On July 15, 2006, the Plaintiff’s primary claim filed a sales contract with the Defendant on July 15, 2006 with respect to the land No. 1 and building No. 1, and only the land No. 1 is unregistered, and completed the registration of ownership transfer in the name of the Plaintiff.

The second building purchased under the name of the husband E is the main building, and the first building is the annexed building.

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