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(영문) 대구지방법원포항지원 2015.08.13 2014가단306683
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 20, 2013, the Plaintiff purchased approximately 40 square meters (hereinafter “instant dispute land”) out of 230 square meters in Northern-gu, Northern-si, Manpo-si (divided from E large 496 square meters on August 29, 2013) from D in the purchase price of KRW 40 million.

The land in the dispute of this case is the boundary line between the straight line extension line on the boundary line of letter F in the same Part of the land, and the land sale price is KRW 3.5 million per square, and the Plaintiff agreed to pay 40 million to D with the preferential purchase price and settle the amount according to the area after division.

(hereinafter referred to as “instant sales contract”) between the Plaintiff and D.

C The land was merged with G large-scale 63 square meters on September 2, 2013 and its area became 293 square meters.

(hereinafter referred to as “instant land”), C, a large scale of 293 square meters,

The Defendant, around September 2013, purchased the land of this case, except the land in the dispute of this case from D, agreed to implement the dispute of this case as stipulated in D and the Plaintiff’s contract.

As to the instant land, the Plaintiff completed the registration of ownership transfer based on sale on November 1, 2013, the Plaintiff’s mother’s registration of ownership transfer based on donation on June 5, 2014, and the Plaintiff again completed the registration of ownership transfer based on donation on September 1, 2014.

E. On March 6, 2014, the Plaintiff and the Defendant drafted a written confirmation of the following (hereinafter “instant confirmation”).

1. In the confirmation of the site boundary between the owner of the instant land and the owner of the instant land, the Plaintiff, at the time of constructing a new building, shall be subject to the land transfer by dividing the land by the boundary from the line that does not 50cm away from the Defendant’s wall of the singing practice room building and does not intrude the septic tank.

2. The defendant, even before the time of land division after the completion of the plaintiff's construction, shall set the consent to land use in advance on the basis of the above boundary line, and at the same time, the plaintiff obtains a building permit and conducts a land division boundary survey.

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