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(영문) 광주지방법원순천지원 2016.12.09 2016가단4543
소유권이전등기절차이행 등
Text

1. Of the 22,745 square meters in Suncheon-si, the Defendant indicated in the attached Form No. 40, 41, 13, 14, 15, 42, 43, and 40, respectively, on the part of the Plaintiff.

Reasons

1. Basic facts

A. Around October 201, D Co., Ltd. (hereinafter “instant company”) entered into a survey service agreement (hereinafter “instant service agreement”) with the Defendant and E to implement the cadastral control point of 50,782 square meters of land and G forest land and 54,167 square meters of land, G forest land and 54,167 square meters of land, land boundary survey, and drawing work, which were determined as KRW 18,441,30 (excluding value-added tax) and owned by the Defendant and E, with each of 1/2 equity shares.

The parties to the instant service contract are not the Plaintiff, but the Plaintiff is the representative director of the instant company, and there is no dispute between the original Defendant as to whether the Plaintiff is the party to the instant service contract, and thus, the parties to the instant service contract are indicated as the “Plaintiff”.

B. On December 30, 201, the Defendant agreed on December 30, 201, instead of paying the instant service contract to the Plaintiff, the representative director of the instant company, to complete the registration of ownership transfer as to the portion (B) and 935 square meters on the ship (hereinafter “instant land”) connected each point of the attached map No. 40, 41, 41, 13, 14, 15, 42, 43, and 40 square meters, which was owned by the Defendant, according to the partition of co-owned property with E, in lieu of paying the price for the instant service contract.

(hereinafter referred to as the “instant agreement”). [Grounds for recognition] without dispute, entry in Gap evidence 1 through 3, the appraisal results by the appraiser, the office of net land information in Korea, the purport of the entire pleadings.

2. Determination

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 the land of this case to the plaintiff, unless there are special circumstances.

B. Determination 1 on the Defendant’s argument is based on the premise that the Plaintiff fulfilled all the obligations under the instant service contract.

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