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(영문) 의정부지방법원 고양지원 2018.08.08 2017가단90694
매매예약을원인으로한소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On August 8, 2007, the Plaintiff entered into a sales contract with the Defendant to purchase KRW 752 square meters (hereinafter “instant land for the purpose of sale”) out of KRW 752 square meters (hereinafter “the instant land”) out of KRW 2707,50,000, among the E preceding 2707 square meters in Pakistan-si (hereinafter “Duri”) and paid the Defendant the balance of the sales price to the Defendant on November 9, 2007.

On November 22, 2007, the Plaintiff and the Defendant drafted a new sales contract to trade the instant land for the purpose of sale in KRW 567,000,000, and at the time, entered into the following special agreements (hereinafter “instant special agreement”):

[Matters of special agreement] The seller (B) shall actively cooperate to ensure that the purchaser (A) can acquire the ownership of the land expropriated when the land cannot be implemented for the first purpose of implementation with respect to F. F. F.'s liabilities for the purpose of the road implemented in the Si, in addition to the land E752 square meters in this land, and the seller shall actively help the buyer transfer the land to the buyer.

In addition, a purchaser shall bear financial costs incurred thereby.

On November 23, 2007, the Plaintiff completed the registration of ownership transfer on the instant land for the purpose of sale, newly constructed the general steel structure slope board, the second floor of detached house on the ground of the general steel structure slope board, and completed the registration of ownership preservation on November 1, 2013.

B. On November 14, 2016, when promoting a business with a section of 17.20 km between G-H as “I”, the said business plan was abolished when changing the type of route to “City/Do”. On December 18, 2016, the Ministry of Land, Infrastructure and Transport notified the decision to incorporate 195 m2, among the E 2707 m27 m2, into the roads as J. However, on July 19, 2017, the Ministry of Land, Infrastructure and Transport publicly announced the decision to incorporate 1018m2, out of the 195m2 before J. 195 m2, into the roads.

Accordingly, on September 19, 2006, the land was divided into 752 square meters before E on September 19, 2006 (the land for sale in this case) and 1955 square meters before J (the register is arranged on November 9, 2007), and on May 26, 2016.

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