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(영문) 창원지방법원마산지원 2020.06.17 2019가단105132
소유권이전등기
Text

1. The defendant shall be the plaintiff and Ga.

Attached Form

Changwon District Court with respect to each 2/3 share of each real estate in the list.

Reasons

1. Determination on the cause of the claim

(a) The following facts may be found either in dispute between the parties or in Gap evidence 1 to 6 (including the number of pages), and in the witness C’s testimony, in full view of the purpose of the entire pleadings:

1) On March 5, 2014, the Plaintiff owned by the Defendant (hereinafter “D land before subdivision”) from the Defendant, ① 155 square meters in return for the Plaintiff’s land owned by the Defendant (hereinafter “D land before subdivision”).

2) Of the land listed in the separate sheet No. 2 (hereinafter referred to as “instant E land”) 2/3 shares, 2.

2) Of the shares, 2/3 shares, 1,345 square meters, 4, G 1101 square meters, G 185,000 square meters (hereinafter “instant 1 sales contract”) are purchased at KRW 185,00,000 (hereinafter “instant 1 sales contract”).

2) On the same day, the Plaintiff paid the Defendant the purchase price of KRW 185 million under the instant sales contract. 2) On the day of the conclusion of the instant first sales contract, the Plaintiff visited the office where the Plaintiff acquired the acquisition certificate of farmland for the land purchased as above. On the same day, the Plaintiff was informed that the Plaintiff may remove concrete packages only because the land D before subdivision and the land E are concrete packaging.

3) Accordingly, the Plaintiff and the Defendant agreed to complete the registration of ownership transfer in the Plaintiff’s future with the provisional registration based on the first sale and purchase promise for the land B before subdivision among the land purchased through the first sale and purchase contract for the instant land and 2/3 of the instant land, and upon the removal of concrete packaging. Accordingly, the Plaintiff and the Defendant promised to sell to the Plaintiff the land before subdivision and 2/3 of the instant land for KRW 16.7 million, and the Plaintiff agreed on March 5, 2014 that the Plaintiff consented to the sale and purchase contract for the land B before subdivision (Evidence 5-2 of the evidence No. 5, and the Plaintiff prepared the said contract for the sale and purchase as of March 5, 2014 with respect to the land D before subdivision and the land E2/3 shares of the instant land under the second sale and purchase agreement for March 5, 2014.

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