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(영문) 대구지방법원포항지원 2016.09.27 2015가단304738
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 November 28, 2006, the Defendant: (a) completed the procedure for the registration of ownership transfer for the share of 3,306/19,719 square meters among the 19,719 square meters in Northern-gu, Chungcheongnam-gu; and (b) owned land with E and F (the Defendant’s wife) who is another equity right holder; (c) completed the procedure for the registration of ownership transfer for the share of 3,306 square meters in the above G miscellaneous land divided into 19,719 square meters in the above G miscellaneous land due to the partition of co-owned property on October 29, 2013.

B. On May 13, 2015, the said G miscellaneous land owned by the Defendant was divided into 414 square meters in G miscellaneous land and 2,892 square meters in the said C miscellaneous land (hereinafter “instant land”).

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 3 and 4 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. 1) The plaintiff's assertion 1) The defendant, either directly or by the defendant's wife, confers his power of representation on the defendant's wife ( even if the defendant's wife did not confer his power of representation on the defendant's wife, the expression representative under Article 125 or 126

(2) On October 30, 2013, the Plaintiff and the Plaintiff requested that the Plaintiff make embanking work as well as the Defendant’s land when making a partition of co-owned property. Accordingly, the Defendant and the Plaintiff are obliged to perform the construction work, such as compensation for crops, banking, surveying, civil engineering, etc. on the Defendant’s land. In return, the Plaintiff entered into a contract under which the Plaintiff would transfer the Defendant’s ownership over the part of the land claimed in the instant land to the Plaintiff. Based on the above contract, the Plaintiff completed banking work on approximately 5,00 square meters of land (E, F, and each divided land owned by the Defendant) including the instant land, and thus, the Defendant or the Defendant’s wife is not obliged to perform the registration procedure for transfer of ownership over the part of the land claimed in the instant claim to the Plaintiff.

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