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(영문) 울산지방법원 2018.01.11 2017나1646
토지사용승낙서 이행
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff (Appointed Party)'s claim against the defendant C.

Reasons

1. Basic facts

A. On July 5, 200, the selector purchased 310,000,000,000,000,000 Won from Defendant C (hereinafter “instant sales contract”). The special terms and conditions of the instant sales contract stipulate that “the road has been granted to the access road by a width of 4 meters. When the buyer wishes to obtain a construction permit, the seller shall deliver all documents.”

B. The above NN land was divided into 698 square meters in N field, AC, 209 square meters in AD, and 144 square meters in a 144 square meters as at the time of division, merger, and merger.

C. The Plaintiff filed a lawsuit against Defendant D with the head of Busan District Court Branch 2009Gadan2691, and on June 16, 2009, the Plaintiff was divided into: “The Defendant D, on February 15, 2012, in the first five hundred and twenty-eight square meters for the first five hundred and twenty-eight square meters for the first five hundred and twenty-eight square meters in Ulsan-gun, Ulsan-gun, the first fifty hundred and twenty-eight square meters in size; on July 3, 2014, the first half and thirty five-eight square meters in size; on July 3, 2014, the first half and sixty-eight square meters in size in the first half, the second half of the attached drawings were divided into one, two, two, three, three, three, four, five, five, and one half-eight square meters in order. The location and area of the real estate and the area are identical.

(D) Voluntary adjustment was made to the effect that “The Plaintiff has the right of passage.”

On the other hand, Defendant C filed a lawsuit against Defendant D seeking the ownership transfer registration of real estate No. 1 with the Ulsan District Court 2013Kadan21450, and on February 19, 2014, Defendant C was sentenced to a judgment on February 19, 2014 that “Defendant D shall implement the procedures for ownership transfer registration of real estate No. 1 on May 6, 2005 with Defendant C.”

E. On July 1, 2014, Defendant C and Defendant D agreed on July 1, 2014, instead of implementing the procedure for the registration of ownership transfer under the above judgment, Defendant C sold 1/2 shares of the first real estate to Defendant D at KRW 55 million, and the registration of ownership transfer under Defendant D’s name is recognized as it is.

F. Defendant E purchases 1/2 of the remainder of the 1st real estate from Defendant C, and by means of registration, directly in the name of Defendant D with respect to the said shares under the agreement of the parties.

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