(영문) 창원지방법원진주지원 2017.12.21 2016가단1706

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원진주지원 2017.12.21 2016가단1706

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On May 13, 2004, the Plaintiff and the Defendant concluded a sales contract with respect to the 10,023 square meters of land partitioned as “A” (hereinafter “the instant divided portion”), among the forest land of 13,351 square meters (hereinafter “the forest land before the instant division”), which was divided as “A”, as the certificate of 1,023 square meters, prior to the subdivision.

7 million won of the down payment was paid as a check after the contract was entered into on the day of the contract, and the remainder KRW 1 million was paid as part of the survey cost incurred by the Plaintiff, in lieu of payment.

The defendant is obligated to implement the procedure for the registration of ownership transfer for sale on May 13, 2004 with respect to the part of this case to the plaintiff.

B. On October 8, 2016 and November 9, 2016, the Plaintiff is specified only as the parcel number of the E Forest in Sacheon-si (hereinafter “Sacheon-si”).

(2) On February 13, 2003, the Plaintiff, in consultation with the Defendant, specified the part to be used as the access road from forest land before the instant partition, and received a land use consent (Evidence A2) from the Defendant by paying KRW 2 million on February 25, 2003. (2) On May 2004, the Plaintiff requested the Defendant to purchase the necessary land, and the Defendant suggested that the Plaintiff purchase the necessary land.

According to the defendant's proposal, 10 square meters of land connected to F, which is an existing road, were to be purchased at KRW 3 million by including 10 square meters in the part of this case.

Of the purchase price of KRW 3 million, KRW 2 million was replaced by the amount already paid, and additional KRW 1 million was paid at the time of the subdivision survey in accordance with the above agreement.

After the result of the partition survey, the plaintiff opened and used the road, but the defendant did not complete the registration of ownership transfer even at the request on several occasions.

3) The Defendant’s remainder after the split-off as set forth in paragraph (2) of March 2007.

유사 판례

-창원지방법원 2019.08.22 2018나378

-대전지방법원 2015.07.24 2014나10821

-광주고등법원 2018.05.04 2017나13945

-제주지방법원 2019.08.16 2018가단57720

-인천지방법원 2018.01.25 2017구합51819