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(영문) 수원지방법원여주지원 2017.08.16 2016가합720
토지사용승낙의사표시등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On March 7, 2005, the Plaintiffs entered into a sales contract with the Defendant, F, and G on March 7, 2005 with respect to the purchase price of KRW 516 million with respect to the purchase price of KRW 350 square meters and KRW 1,357 square meters with respect to KRW 493 square meters in Gyeonggi-gu H, Gyeonggi-do, and KRW 1,784 square meters prior to I (hereinafter “instant sales contract”), and the main contents are as follows.

[부동산의 표시] ① F 소유인 경기 양평군 H 대 493㎡ 중 350㎡ ② 피고 및 G 소유인 경기 양평군 I 전 1,784㎡ 중 1,357㎡ [특약사항] ① 위 부동산의 잔금지급기일을 2005. 4. 30.로 정하였으나 매도인은 별지2 현황실측도의 ㄱ, ㄴ, ㄷ, ㄹ, ㅁ, ㅂ, ㅅ, ㅇ, ㅈ, ㅊ, ㅎ, ㅍ으로 연결하는 도로(이하 ‘이 사건 도로부지’라 한다) 폭 6m로 포장공사 완료 5일 후에 잔금 처리하기로 하고 소유권이전등기를 한다

(2) Division of the above real estate shall be adjusted at the seller’s expense.

Of the 1,784 square meters in Gyeonggi-gun I, 425 square meters in total was divided into J on May 6, 2005, and on July 26, 2005, 156 square meters in HJ large 493 square meters was divided into K on July 26, 2005.

According to the instant sales contract, the Plaintiffs completed the registration of transfer of ownership in the Plaintiff’s name with respect to the land of 1,359 square meters (hereinafter “I land”) remaining after being divided as above on June 9, 2005, and completed the registration of transfer of ownership in the Plaintiff’s name with respect to H large 337 square meters (hereinafter “H land”) remaining after being divided as of August 23, 2005.

The lot number of the road site of this case is Gyeonggi-gu L, M, J, and K (hereinafter referred to as “each land”). Among them, L land, M land, and J land owned by the defendant, 892/1,784 shares among J land, and K land owned by G.

In 2005, the Defendant and G completed the road packaging work with a width of 6 meters on the instant road site in accordance with the instant special agreement.

The defendant shall be from the head of Bupyeong-gu on July 26, 2012 and August 30, 2012.

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