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의정부지방법원 2016.09.13 2015가단105483

1. The defendant shall sell and purchase on October 4, 2004 with respect to the share of 145/826 out of 826§³ in Namyang-si, Namyang-si.


1. Facts of recognition;

A. On April 11, 2003, in order to newly construct a church (hereinafter “instant church”) from D, the Plaintiff entered into a contract for the purchase price of KRW 260,000,000 among part of 296 square meters in E-Sapa land, F 307 square meters in size, and C farm site of KRW 826 square meters in size (hereinafter “instant land”) and the above above ground storage (hereinafter “each of the instant real estate subject to the instant contract”), and the purchase price of KRW 145 square meters in size (hereinafter “each of the instant land”), and the contract for the registration of the instant land in installments thereafter (hereinafter “instant contract”).

B. On June 30, 2003, D completed the registration of ownership transfer with respect to each real estate subject to the instant contract No. 1 with the exception of the key land portion.

C. On October 4, 2004, the Plaintiff prepared a sales contract with the Defendant stating that “The share in the instant land is the Plaintiff’s share and the Defendant’s use of the land at will is the 145 square meters as of the indication of the attached drawing” as to the portion of the instant land shall be KRW 30,000,000, and the special agreement shall be accompanied by the attached drawing.”

However, KRW 30,00,000 was agreed to substitute for part of the purchase price paid to D (hereinafter “instant contract”). D.

D On October 29, 2004, on the ground of sale and purchase on September 4, 2004, D completed the registration of ownership transfer with respect to the land of this case.

E. As to the key land portion of this case, the Plaintiff continued to use it exclusively and independently after the contract of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, purport of the whole pleadings

2. The parties' assertion and judgment

A. 1) The 1 and 2 contracts of this case are purchased by specifying the key land portion, but the registration of ownership transfer is made by equity.