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(영문) 창원지방법원진주지원 2016.01.13 2015가단3842
소유권이전등기청구
Text

1. Defendant D Co., Ltd. traded real estate listed in attached Table 2 to the Plaintiff as of February 28, 2014.

Reasons

1. Basic facts

A. On April 23, 2009, Defendant B completed the registration of ownership transfer with respect to 1/2 of E forest land E, 33,790 square meters (hereinafter “land before division”) in Jinju-si prior to the partition owned by the principal, and Defendant B completed the registration of ownership transfer with respect to the share of 8,265/3,790 out of the share of land ownership owned by the Defendant Company on September 28, 2009.

B. On November 21, 2012, the land before subdivision was divided into four parcels, including F forest land 5,873 square meters (hereinafter “land after subdivision”). Among them, the said F was subject to registration conversion on November 27, 2012, and its land category and area were changed.

C. On March 19, 2014, the Defendant Company completed the registration of ownership transfer on the land ownership transfer with respect to 8,265/33,790 shares owned among the land after dividing the land, including the instant land, to the Plaintiff.

On the ground of the instant land, there is a building listed in attached Table 2 (hereinafter “instant building”), and as to this, Defendant power plant completed registration of initial ownership on November 26, 2012.

The instant building is installed with machinery, apparatus, etc. necessary for solar power generation inside and used as a solar power plant room. On the ground other than the instant building, the instant building is used as a site for solar power plants due to solar power facilities installed by the Defendant Company.

E. On February 28, 2014, the Plaintiff purchased solar power generation facilities and machinery and appliances (such as solar batteries, transformers, etc.) from the Defendant Company, including the instant building.

[Ground of Recognition] Facts without dispute, entries in Gap evidence 10, 12, and 14 (including each number), images, and the purport of the whole pleadings

2. Determination as to the claim against the defendant company

A. Pursuant to the agreement between the Plaintiff and the Defendant Company on February 28, 2014, the claim for the registration of ownership transfer of the instant building was filed.

(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);

3. The defendant B and the defendant power plant.

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