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(영문) 창원지방법원 2017.01.25 2015나35243
소유권이전등기
Text

1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

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

Reasons

1. Basic facts

A. On August 8, 2008, the sales contract was formulated with respect to the instant land, E, a female farmer of F related to the ownership of G 1,145 square meters (hereinafter “instant land”). On August 8, 2008, the sales contract was concluded with respect to the instant land, stating that the seller as of August 8, 2008, E, the Defendant, and the purchaser as to the purchase price was KRW 150 million, and the registration for the transfer of the ownership in the Defendant’s name was completed on August 8, 2008 due to the said sale.

B. The Plaintiff, F, J, and H purchased the adjoining land of this case in around 2004, on the following grounds: (a) around September 29, 2004, the Plaintiff, F, J, and H purchased the ownership transfer registration with respect to the adjoining land of this case under a single name; (b) on July 29, 2008, the sales contract was concluded with F, the buyer as F, the Defendant, and the Defendant as the purchase price of KRW 120 million; and (c) on August 8, 2008, the registration of ownership transfer with respect to the adjoining land of this case was completed under the Defendant’s name.

C. On March 26, 2012, the instant land and the instant adjacent land that were merged into the instant land was combined with each other, and the instant land became a 2,190 square meters of land at the same time.

The Plaintiff’s construction of a new house 1) On July 2008, the Plaintiff is the D and four lots of land (hereinafter “land scheduled to be newly built”).

(2) On October 31, 2008, the Defendant issued to the Plaintiff a written consent to the use of the site with respect to the instant land of 265 square meters as a building site. On November 2008, the Plaintiff issued a written consent to the use of the site with respect to the instant land, such as private agricultural cooperatives, which created a right to collateral security and superficies, agreed to use the instant land as a site for each building permit for the instant land of 265 square meters and 660 square meters.

3. On December 26, 2008, the Plaintiff is from the macro-market.

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