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(영문) 대전지방법원 홍성지원 2018.02.06 2015가단8766
지역권설정등기절차이행 등
Text

1. The Defendants each point of the attached Form 3 through 10, and 3, among the area of 2,143 square meters in Boli-si D, Boli-si.

Reasons

1. Basic facts

A. Around March 10, 2012, the Plaintiff entered into a sales contract with E with respect to the purchase price of KRW 760,000,000,000, out of the 2,869 square meters of land owned by Bocheon-si F prior to the division (hereinafter “Before the division”).

On the other hand, the Plaintiff concluded the above sales contract for the new construction of electric power resource housing, and E also became aware of it, and agreed to secure access roads such as the entry road indicated in the separate sheet No. 2 to prevent the land subject to the above sales contract from becoming a master land at the time of the above sales contract.

B. Since then, the Plaintiff and E entered into a contract on the change of the content that reduces the area of the land subject to the sale as 722 square meters and the sales amount as 77 million won. Accordingly, on April 25, 2012, the land before subdivision was divided into 20,143 square meters (hereinafter “Defendant-owned land”) and 726 square meters before G (hereinafter “Plaintiff-owned land”).

C. As to the land owned by the Plaintiff, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on April 30, 2012 on the ground of “transaction as of March 10, 2012.” ② On October 15, 2013, the Plaintiff completed the registration of ownership transfer on the ground of “Exchange as of July 30, 2013,” and ③ on May 27, 2015, the Plaintiff completed the registration of ownership transfer under the Plaintiff’s name on the ground of “Sale as of May 27, 2015.”

On February 1, 2013, between E and E, the Defendants entered into a sales contract with respect to the Defendants’ land with a purchase price of KRW 235 million. At the time, the Defendants determined that “the purchaser becomes aware of the Plaintiff’s consent to use the access road” as a special agreement, and attached a sales contract to the attached Form 2.

E. The land owned by the Plaintiff is a master land, and there is land owned by the Defendants between the land owned by the Plaintiff and the meritorious land.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4, and 6, the result of the on-site inspection by this court, the purport of the whole pleadings

2. Determination:

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