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(영문) 춘천지방법원 2018.07.24 2017나1787
소유권이전등기절차이행 청구
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff, the appointed party) and the appointed party are dismissed;

2. The appeal costs.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Presumed factual basis

A. On August 28, 1991, the Plaintiff entered into a sales contract with a licensed real estate agent E, which provides that “The Plaintiff shall pay KRW 13,780,000,00 to the buyer the purchase price for the previous 1,5726 square meters (which shall be KRW 1,578 square meters due to the division, June 8, 201; hereinafter the same shall apply in total before and after the division, shall be KRW 13,780,000, and the down payment shall be KRW 11,780,000 on the date of the contract, the remainder 11,780,000 on the date of the contract, and the remainder 11,780,000 on October 8, 191, the Plaintiff agreed to the seller shall succeed to the right to use and ownership of approximately 80 square meters (the adjoining C land in this case)” as a special agreement.

(hereinafter referred to as “instant sales contract”). B.

F on August 28, 1991, the Plaintiff prepared a letter that “The Plaintiff succeeds to and waives all the rights to use and own approximately 80 square meters in the C site.” H and I had the seal as a observer in the above letter.

C. After completing the registration of ownership transfer on G land on May 3, 1996, the Plaintiff donated this to the J on December 13, 2003.

K has completed registration of initial ownership in accordance with Act No. 7500 on the land of this case, which was unregistered on September 1, 2006.

After that, after K dies, on December 30, 2014, the registration of ownership transfer made by the Defendant and the designated parties for one-half of each share of the land in the dispute in this case due to a consultation and division.

E. The Plaintiff leased the instant dispute land to L from April 1995 to 2010.

F. The Plaintiff, around September 201, installed a green container 18 square meters in order to connect each point of Annex 1, 2, 3, 4, and 1 among the land in the instant dispute, and installed a yellow container 18 square meters in the part of Annex 1, 2, 3, 4, and 1, which connected each point of Annex 1, 2, 3, 4, and 1, around January 2016.

【Unsatisfy-founded fact-finding, Gap's 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 16, 17, 18, 19, 21, Eul's evidence.

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