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(영문) 수원지방법원여주지원 2017.09.14 2017가단3996
부동산소유권 이전등기 절차 이행
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 12, 1991, the Plaintiff, the Defendant, and the Defendant’s penal net C, developed an agreement under the responsibility of the Defendant and the network C, so that they may conduct commerce and housing projects with respect to the area of 2954 square meters and the area of 2066 square meters and the area of 2066 square meters and the area of 516 square meters and the area of 516 square meters in Gyeonggi-gun, the Gyeonggi-do, which is owned by the Defendant, for the said business (hereinafter “instant agreement”). On January 22, 1992, the Plaintiff drafted a written agreement under the responsibility of the Defendant and the network C to invest KRW 90 million in the Defendant and the network C for the said business (hereinafter “instant agreement”). On January 22, 1992, the Southbu General Law Firm, the Nam-gun General Law Firm, 1992.

B. The contents of each provision of the instant agreement are as shown in the attached Form.

C. The respective real estate indicated in the separate sheet (hereinafter “each of the instant real estate”) by June 16, 1993, in the case of the area of 2954 square meters and 2066 square meters (the instant agreement is indicated as the above area, but its actual area is 306 square meters) prior to the Gyeonggi-gu, Gyeonggi-do, and the land category and land registration were modified.

[Reasons for Recognition: Evidence Nos. 1, 3, and 5 (including paper numbers; hereinafter the same shall apply)

(i) each entry and the purport of the whole pleadings

2. Judgment on the parties' arguments

A. The Plaintiff’s assertion 1) pursuant to the instant agreement, the Plaintiff paid KRW 18 million to the Defendant and the network C with the purchase fund of real estate, KRW 37 million on May 13, 1992, and KRW 100 million on June 2, 1992, and invested KRW 37 million at the purchase cost of the land of the farm household house company, H, and I. At the time of the preparation of the instant agreement, the Plaintiff and the Defendant agreed to develop each of the instant real estate and distribute the said real estate to 50:50, and the development of each of the said real estate was completed in accordance with the agreement under Article 11 of the instant agreement. As such, since there was a change of land category or a change of the purpose of use to develop each of the said real estate, the Defendant made the registration procedure for ownership transfer of each of the said real estate to the Plaintiff.

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