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(영문) 수원지방법원 평택지원 2017.02.23 2015가단5151
소유권이전등기
Text

1. The defendant (Counterclaim plaintiff) shall make 305/12862 shares of each of the real estates listed in the separate sheet to the plaintiff (Counterclaim defendant).

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. On September 17, 2013, the Plaintiff entered into a sales contract with the Defendant for the purchase of KRW 3305/12862, out of the shares in Defendant 1/2, the amount of KRW 200,000,000 (hereinafter “instant sales contract”), among the shares in the Defendant 1/2, in Asia-si Forest C, and paid the full purchase price to the Defendant around that time.

B. The area column of the sales contract of this case is indicated as approximately 3,305 square meters in the area column of the sales contract of this case, and the content column of the special agreement is indicated as “one thousand square meters including road shares (1000),” and the Plaintiff’s seal is affixed on the side of the separate part of the road work cost.

C. After November 10, 2014, the instant real estate was divided into 11251 square meters of land C, 11251 square meters of land, D forest land, 394 square meters of forest land, E forest land, and 1217 square meters of land (hereinafter “instant real estate,” and, when referring to specific real estate, “the instant O real estate”). The Defendant constructed a road on the instant real estate E, as indicated in the attached list.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence Nos. 1, 2, 3, 4, 5, and 6 (including each number), video, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to implement the registration procedure for transfer of ownership on September 17, 2013 with respect to each share of 3305/12862 out of the instant real estate to the Plaintiff.

B. 1) Since the Defendant divided the instant real estate in the instant real estate before division after the conclusion of the instant sales contract, and constructed a road at the same time, the Defendant asserts that the Defendant will transfer 3,000.75 square meters to the Plaintiff, excluding 304.25 square meters in size equivalent to the above road shares, out of the 1/4 shares in the instant E and the 3305 square meters in the area purchased by the Plaintiff (the Defendant thereafter filed a counterclaim, and the said 1/4 shares were changed to 3305/12862, while the Defendant filed a counterclaim.

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