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(영문) 인천지방법원 2014.05.02 2013가합32891
소유권이전등기
Text

1. The Defendant: (a) KRW 300,000,000 for the Plaintiff and 5% per annum from January 25, 2014 to May 2, 2014; and (b) May 3, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff intended to purchase the land of this case before the land category was changed to the previous land category on January 21, 2003, and later divided into several parcels; hereinafter “the land before the instant subdivision”). However, when the Plaintiff, who was not qualified to acquire farmland due to the relationship between the land before the instant subdivision and the land before the instant subdivision, was unable to acquire the land before the instant subdivision, the Plaintiff paid KRW 45,000,000 to the Defendant on July 1987, and had the Defendant enter into a sales contract for the land before the instant subdivision.

B. Accordingly, the Defendant entered into a sales contract with D to resell the land owned before the instant partition, and paid 45,000,000 won to D for purchase received from the Plaintiff. On July 23, 1987, the Defendant completed the registration of ownership transfer under the name of the Defendant for sale as of the land before the instant partition as of July 16, 1987.

C. In the instant land before the instant partition, on August 26, 2008, 165 square meters and 23 square meters prior to G was divided, respectively, into the land before the instant partition, and on December 24, 2009, the area was divided into 334 square meters prior to H on December 24, 2009, 56 square meters prior to I and 25 square meters prior to J.

On July 10, 2009, the Incheon Metropolitan City paid KRW 67,527,530 as the purchase price to the defendant while acquiring the land F and G on July 10, 2009, and on April 4, 2011, the Nam-gu Incheon Metropolitan City accepted the land H and J, and paid KRW 148,626,00 as the compensation for expropriation to the defendant.

E. The Defendant paid KRW 30,000,000, out of the above purchase price of KRW 67,527,530 in early 2010, and around May 201, the Defendant paid KRW 148,626,00,000 out of the above confinement compensation of KRW 148,626,00.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 4-1 through 4, Gap evidence 5-1, 2, and Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion as to F, G, H, and J land in Nam-gu Incheon Metropolitan City (hereinafter “instant F land, etc.”)

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