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(영문) 대전지방법원서산지원 2017.08.09 2016가단8697
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. On April 6, 201, it was based on the sale and purchase on the 99 square meters prior to Dagjin-si.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) On January 27, 2008, the Plaintiff’s internal director D entered into a sales contract with the Defendant for the purpose of opening an access road necessary for the development of the tin acid in the Sinjin-si operated by the Plaintiff with respect to 30 square meters out of 20,03 square meters, which was 20,03 square meters before the division of the Defendant’s ownership, and entered into a sales contract again on April 6, 201, by modifying part of the terms and conditions of the sales contract (hereinafter “instant sales contract”). The relevant contents of the instant contract are as follows.

(1) 89 square meters out of 2,033 square meters prior to the date of subdivision shall be sold and sold, but the number of square meters subject to sale in the future may be increased or decreased by 20%, and the purchase price shall be calculated as 2.50,000 won per square meter, and 2,2250,000 won (the contract price shall be 2.5 million won, the balance 1,975

(2) The registration of ownership transfer for sale and purchase land shall be made in D or in the plaintiff.

(3) Any balance shall be paid within one week from the time permission is granted.

(2) D paid the Defendant the purchase price in KRW 2520,000 on November 20, 2007, and KRW 3 million on February 3, 2009. The Plaintiff paid the Defendant the purchase price in KRW 10,000,000 on April 6, 2011, and KRW 447,090 on February 1, 2013.

(3) On March 2015, the Defendant granted the Plaintiff the right of representation, such as granting permission for development activities (land division), surveying, and filing an application for public book rearrangement with respect to the size of 2,033 square meters prior to the partition of land.

(4) On June 17, 2015, F. 2,03 square meters prior to the subdivision was divided into F. 1,934 square meters and 99 square meters prior to C. (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5, and 6 (including virtual numbers), the purport of the whole pleadings

B. In full view of the facts of recognition as above, and the written evidence Nos. 4-1, 2, and 1 of the evidence No. 4-2, and the purport of the entire pleadings, it is difficult to determine the location and area of the land necessary for the establishment of access roads at the time of the instant sales contract. D and the Defendant are limited to the area of the land subject to the instant sales contract, which is 2,03 square meters, before the division, at the time of the first quarter.

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