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(영문) 대구지방법원 경주지원 2017.02.07 2016가단11571
소유권이전등기
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. On December 18, 2014, the Plaintiff asserts that the Defendant is obligated to complete the procedure for the registration of ownership transfer of 991/1702 shares out of the instant land, as the Plaintiff agreed from the Defendant to receive 300 square meters of shares, namely, 991/1702 shares, among the instant land (hereinafter “instant land”).

2. Comprehensively taking account of the descriptions of evidence No. 1 and the purport of the entire pleadings, the fact that the Defendant agreed to transfer ownership of the part of 300 square meters out of the instant land to the Plaintiff around December 18, 2014 is recognized.

However, the above facts alone are insufficient to recognize that the Defendant agreed to transfer 91/1702 shares, not a specific part of the instant land, to transfer the ownership of a specific part of the instant land, and there is no other evidence to acknowledge it (it is difficult to deem that the content of the said agreement changes into a transfer agreement solely on the ground that the instant land is not divided into 91m2 and 711m2, as alleged by the Plaintiff). The Plaintiff’

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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