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(영문) 대구지방법원 2016.09.01 2016나300993
소유권이전등기
Text

1. Upon receipt of a claim for change in exchange at the trial, the Defendant shall pay KRW 5,880,000 to the Plaintiff and its related expenses on June 2015.

Reasons

1. Basic facts

A. On November 9, 2010, the Plaintiff purchased a 4,315 square meters of land for a factory in Daegu-gun, Daegu-gun, Inc. (hereinafter “C land”) and completed the registration of ownership transfer on December 14, 2010.

B. 3,306 square meters of the Daegu-gun, Daegu-gun, which is adjacent to land C, are indicated as E by the nominal owner on the registry, but the actual owner was F. On November 14, 201, the registration conversion was made to the 3,388 square meters of the G factory site in Daegu-gun, Daegu-gun (hereinafter “G land”).

C. On December 10, 2010, in order to secure access roads to C land, the Plaintiff purchased from F for KRW 35,000,00 the part of “bb” in the attached Form No. 3,4,12, and 3 (hereinafter “instant land”) connected in order to each point of the G land from F, and agreed to divide and transfer the land by bearing the expenses of the Plaintiff after the purchase of KRW 28,00,00,000, the part of “b” (hereinafter “instant land”).

(hereinafter “instant sales contract”). D.

Meanwhile, the Defendant purchased G land from F on October 15, 201 and completed the registration of ownership transfer on December 13, 201.

On November 2011, the Defendant drafted an agreement with F (hereinafter referred to as the “instant agreement”) stating, “The Defendant shall first complete the registration of ownership transfer concerning the entire G land; the Plaintiff shall divide the instant land at his own expense and complete the registration of ownership transfer; and no separate land price shall be paid to the Defendant; and the Defendant shall provide the Plaintiff with documents necessary for the division and the registration of transfer.”

E. Around that time, F delivered a copy of the instant agreement to the Plaintiff, and the Plaintiff did not raise any objection thereto.

F. After that, the Defendant completed the registration of establishment of each right to collateral security in the name of Daegu Bank and H in accordance with each of the right to collateral security agreements with the Daegu Bank and H.

The detailed details of registration shall be as follows:

The date of registration (contract Date) shall be the maximum debt amount of the debtor, the mortgagee, 201.

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