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(영문) 수원지방법원 2017.07.20 2016가단10793
소유권이전등기
Text

1. The Plaintiff:

A. Co., Ltd. shall share 412/2213 of the real estate listed in the attached Table 1 list.

Reasons

Facts of recognition

In 2004 when concluding a sales contract between the Defendants, the Defendant Company (the former Special Metropolitan Building Company: the former Special Metropolitan Building Company) that was planning to construct D apartment units on the north-dong side of the land located outside the east of the land of 2,213 square meters of land (the land is divided into each land listed in the separate sheet No. 1, April 30, 2015; hereinafter referred to as “instant land”, and each land after division is specified as each lot number), which was planned to construct D apartment units on the north-dong side of the land of 1,03 square meters of land (the former Special Metropolitan Building Company) (the former Special Metropolitan Building Company) around 200, was granted a building permit on the condition that the existing road is installed on the road and delivery by expanding approximately 4.7 meters from the competent authority

On August 9, 2004, the Defendant Company entered into a sales contract with Defendant B, the owner of the instant land, specifying the location of the part necessary for the construction of a road, among the instant land, and 412 square meters in order to install a road, etc. presented as the condition of permission at the competent administrative agency.

(2) At the time of the instant sales contract, the Defendants agreed that “The instant sales contract” and the part of the land subject to sale should be “the instant sales subject matter.” At the time of the instant sales contract, the Defendants agreed that “Defendant B shall register the ownership transfer under the name of the Defendant Company with respect to the entire land of one parcel, including part of one parcel of land subject to sale, in proportion to the size ratio of the land subject to sale purpose, and the ownership transfer is to be made in the name of the entire land subject to sale purpose by means of the relevant statutes, approval, permission, etc., after the completion of subdivision procedure by separating part of the specific parcel of land subject to sale prior to receiving the remainder payment under the contract from other parts.”

According to the contract of this case, Defendant B shall be subject to the contract of this case.

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