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(영문) 수원지방법원안산지원 2016.11.17 2016가합5099
토지거래허가 신청절차 이행
Text

1. On May 25, 2011, the Defendant shall be affiliated with the Plaintiff on a 661 square meter in Sinsi-si, Sinsi-si.

Reasons

1. Basic facts

A. On March 10, 2004, the Defendant entered into a sales contract with the Korea Water Resources Corporation to purchase 3,809.3 square meters of F miscellaneous land at the time of subdivision prior to the subdivision. On April 29, 2004, the Defendant entered into a contract with the Korea Water Resources Corporation to exclude part of the above land (219.8 square meters) from the sale subject matter of G land by dividing it into G land, and to convert the sale subject matter into 3,589.5 square meters of F miscellaneous land.

B. Accordingly, on May 16, 2005, D, E, and the Defendant completed the registration of ownership transfer for each of the above F F F land on May 16, 2005 with respect to each of the above F land on the ground of the above sale (which became a co-ownership relationship with the Korea Water Resources Corporation that owns shares 219.8/3809.3). The above F land was divided into 3,589.5 square meters and G miscellaneous land on August 22, 2005 into 2, 3,589.8 square meters and 219.8 square meters in G miscellaneous land, D, E, and the Defendant owned 1/3 shares of each of the above F land divided on the ground of co-owned property partition on August 23, 2006, and the Korea Water Resources Corporation completed the registration of ownership transfer as the ownership of each of the above G land.

C. On October 11, 2010, D entered into a sales contract with the Defendant on October 11, 2010 (the date of the contract is indicated as September 6, 2007, but the date of the preparation of the actual contract may be recognized as October 11, 2010 as either there is no dispute between the parties or to the purport of the entire pleadings) to purchase all shares of the Defendant from the Defendant among the F land in the Silung City F land, D to purchase all shares from the Defendant.

On September 6, 2007, which was the date of payment under the above sales contract, the Defendant prepared a receipt with D to the effect that the Defendant received both the down payment, the first through the third intermediate payment, and the remainder on May 14, 2008, which was the date of payment under the above sales contract.

E. On April 29, 2011, F Miscellaneous land: F 3,589.5 square meters in Silung-si was divided into F miscellaneous land 1,606 square meters in F miscellaneous land, 660.9 square meters in H miscellaneous land, C miscellaneous land 661 square meters in C miscellaneous land (hereinafter “instant land”) and 661 square meters in I miscellaneous land.

F. D. E and the Defendant on June 7, 201, the F land after the said subdivision, and the shares 125.4/660.9 and the said I.

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