(영문) 창원지방법원 2017.11.14 2017나3349 | 리걸엔진

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(영문) 창원지방법원 2017.11.14 2017나3349

소유권이전등기말소

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1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The Defendant, while constructing a building on a 469m2 (hereinafter “D”) at the same time, had a consultation with the Plaintiff on the 65m2 (hereinafter “C”) adjacent residential building at the same time.

B. On August 4, 2016, the Plaintiff and the Defendant: (a) donated C to the Defendant (hereinafter “instant donation”); and (b) agreed to the Plaintiff as a consideration for the said donation, the removal of bamboo and trees related to the removal of the Plaintiff’s G building, and the land standardization work.

C. On August 4, 2016, the Plaintiff completed the registration of transfer of ownership with respect to C to the Defendant, and the Defendant performed the work of removing bamboo and trees related to the removal of the Plaintiff’s G building and the removal of the said building by the end of August 2016.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, Eul 1 (including paper numbers; hereinafter the same shall apply), 4, each image of Eul 3, 7, witness E of the first instance court, and witness E of the court of first instance, and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s work to be performed by the Plaintiff in return for the instant donation is the removal of bamboo trees (including roots; hereinafter the same shall apply), land flat removal, and H’s flat removal, and land flatization.

However, during the above work, the Defendant performed the removal of large trees, and the removal of land in relation to the above building among G, and did not perform the removal of large trees, the removal of land in relation to the part not related to the removal of buildings among the rest of the work, the removal of flat trees and H, and the horizontal work of land in relation to the removal of land (hereinafter “the rest of the work claimed by the Plaintiff”).

Therefore, the defendant is obligated to cancel the registration of transfer of ownership with respect to C around the plaintiff, and the defendant is obligated to perform the work of this case as preliminary.

B. The Defendant’s repayment to the Plaintiff in return for receiving C’s donation from the Plaintiff.

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