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(영문) 창원지방법원통영지원 2015.06.09 2014가단7420
소유권이전등기
Text

1. The Defendant shall obtain from the Plaintiff the registration procedure for the transfer of ownership of 46 square meters prior to C in Gyeongnam-do.

Reasons

1. Basic facts

A. The Plaintiff is the owner of 46 square meters (hereinafter “instant land”) and 239 square meters (hereinafter “instant land”) in Gyeongnam-do, Sejong-do. The Plaintiff is the owner of F large 314 square meters (hereinafter “instant land”) on September 12, 2013. The Plaintiff sold it to G on November 8, 2013 and completed the registration of ownership transfer on November 8, 2013.

B. The Defendant is the owner of 307 square meters in Gyeongnam-do, Gyeongnam-do (hereinafter “the land No. 4 of this case”). The above land adjoins the land No. 1 and 2 of this case, such as the land appraisal map No. 1 of this case, and the land No. 1 of this case adjoins the land No. 4 of this case and the remaining boundary adjoins to the land No. 3 of this case, and is located between the land No. 3 and 4 of this case.

C. The Plaintiff prepared to build a new building on the instant land No. 2, and proposed to exchange the instant land No. 1 and part of the instant land owned by the Defendant to the Defendant via H, I, etc. around September 2013.

On September 4, 2013, the Plaintiff and the Defendant drafted a written consent stating that “14 of the instant land No. 4 owned by the Defendant and the 14 of the instant land No. 1 owned by the Plaintiff will exchange with each other under mutual agreement, and will do so (hereinafter “instant written consent”). On the same day, the Defendant drafted a sales contract (hereinafter “instant sales contract”) stating that the Plaintiff sells 46.28 square meters of the instant land No. 4 to the Plaintiff (hereinafter “14 square meters”), and the purchase price column and the purchaser’s signature and seal column are public pages.

(However, the buyer's name is registered in the buyer's column).

The defendant owns on the land No. 4 of this case the building with the appraisal map No. 2 (hereinafter referred to as "the building owned by the defendant of this case"), and the part of the defendant's possession among the land No. 4 of this case, which is based on the lines of women of the part near the land No. 2 of this case.

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