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(영문) 서울고등법원 2020.07.16 2019나2024726
소유권이전등기
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendant is against the plaintiff.

Reasons

1. Basic facts

A. The purchase and sale of approximately 3,300 square meters out of the land before the instant partition is concluded shall be made by dividing it.

This contract is concluded by dividing one parcel of land into a sales contract, and the land subject to sale shall be transferred to the buyer by measuring the seller's boundary at the left-hand side of the road as the area subject to sale.

C The increase or decrease in the area of this land may occur according to the result of the boundary survey result, and in such cases, the price of 3.3 square meters applied to the area of the survey result shall be determined according to the final determined area based on KRW 1.59,000,000.

Any balance shall be paid on January 16, 2018.

However, the remaining payment date may be somewhat changed according to the schedule of permission for development activities, but shall be paid within 10 days from the date of receiving the notice of permission for development activities.

If a cause exists to restrict the exercise of ownership, such as a mortgage, superficies or right of lease established on real estate, or if there is any unpaid tax, public dues and other charges, the seller shall transfer the full ownership to the buyer by removing the defects and burdens of the rights by the

On October 11, 2017, the Plaintiff concluded a sales contract with the Defendant to purchase approximately KRW 3,300 square meters among approximately 6724 square meters (hereinafter “instant land before the instant partition”) from the Defendant for approximately 1,590,000 square meters (hereinafter “instant sales contract”), and paid KRW 160,000,000 to the Defendant as the down payment on the date of the contract.

B. The Plaintiff obtained permission for development activities with the Defendant’s cooperation, and obtained permission from the head of Seocho-dong Office on July 30, 2018.

C E

C. Division 1) The land prior to the instant partition was divided into the area of the land prior to the instant partition into the area of 3196 square meters, the area of the land prior to the instant partition into the area of 342 square meters, such as the right-hand cadastral map, the area of the land prior to the instant partition, which is divided into the area of 3196 square meters, D 106 square meters, and E 3

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