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(영문) 수원지방법원여주지원 2015.10.20 2014가단491
소유권이전등기 청구의 소
Text

1. The Defendant B indicated the attached sheet No. 1, 14, 15, 16, 17, 18, 19, 20, 21, 21, 8, among the land size of 536 square meters in Gyeonggi-gun D, Gyeonggi-do.

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence 1, 2, 4, 5, 7, 8, 9, 12 (including all of the serial numbers; hereinafter the same shall apply), or in full view of the purport of the entire pleadings:

On August 20, 2013, the Plaintiff purchased approximately KRW 162 square meters (hereinafter “instant land”) from Defendant C for KRW 5,832,00,000,000, from Defendant C for the purchase of KRW 536 square meters (hereinafter “instant land”).

B. On August 30, 2013, the Plaintiff sold approximately 7 m2 (23 m2) out of the part remaining 387m2 (excluding approximately 45m2) to be used as an access road to the Plaintiff’s land on the part of the instant land (a 4-7m3m2) located in the Plaintiff’s wife, etc., and a 149m2 (a 45m2), 77m2 (a 23m2) out of the part, excluding the remainder of 387m2 (a 117m2) to be used as an access road to the Plaintiff’s land on the part of the instant land (a 4-7m2, a 1905m2, owned by the Plaintiff’s wife, etc.) among the instant land (hereinafter “instant adjoining land”). The following purport is indicated in the first agreement on the instant sales contract

(1) In selling and buying the instant land, the Plaintiff and Defendant B first completed the registration of ownership transfer on the instant land under Defendant B’s name within one month after completing the registration of ownership transfer on the instant land, about about 45 square meters on the access road part among the instant land.

(hereinafter “Agreement on Division and Transfer of Access Roads of this case”). However, the cost of division shall be borne by the Plaintiff.

(2) Of the adjoining land of this case, approximately approximately 23 square meters, as shown in the provisional partition drawings, have obtained prior approval from the owner under the Plaintiff’s responsibility, and complete the registration of ownership transfer to Defendant B within one month.

C. On September 2, 2013, the Plaintiff and Defendant B drafted a second agreement on real estate trade (Evidence A5) to the following purport as to the instant sales contract.

(1) The purchase price shall be KRW 5.5 million; Defendant B shall pay (the Plaintiff) the down payment of KRW 8 million on September 2, 2013, and the remainder of KRW 47.5 million on September 12, 2013, respectively.

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