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(영문) 인천지방법원 2016.06.22 2014가단69107
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) indicated the attached sheet No. 18, 14, among the area of 1,192 square meters in Incheon Jung-gu D from the Plaintiff (Counterclaim Defendant).

Reasons

1. Determination on the principal lawsuit and the cause of counterclaim

A. On February 15, 2008, the plaintiff and the defendant concluded an exchange contract with part of the land D in Incheon Jung-gu, Incheon, owned by the plaintiff among each real estate owned by the defendant on the burden of all expenses by the defendant, on which appraisal in the attached Form No. 5 (v) is to be exchanged, is not disputed between the parties, or it is recognized by each of the items (including part number) in the evidence No. 1 and No. 2.

According to the above facts, the defendant is obligated to perform the procedure for the registration of ownership transfer concerning (v) part of the above ship on the ground of the exchange contract to the plaintiff. In this case, the obligation is in the simultaneous performance relationship with the execution of the procedure for the registration of ownership transfer concerning the land

B. On the plaintiff's land subject to exchange with the above part where the dispute occurred, the plaintiff asserts that according to the terms and conditions of the original contract dated February 15, 2008, the attached appraisal shall be limited to 49 square meters in the part on board with the indication of the attached appraisal, while the defendant asserts that it is limited to 49 square meters in the part on board with the indication of the attached appraisal in accordance with the amendment agreement made on May 13, 2008.

In light of the following circumstances, the authenticity of each argument contrary to the Defendant’s assertion is presumed to have been established, and the presumption is difficult to deem that the circumstances cited by the Plaintiff or the reflective evidence presented by the Plaintiff alone have been destroyed.

Therefore, the defendant is paid back to the plaintiff with the execution of the registration procedure for transfer of ownership on board (2) and (3) part 66 square meters on board as stated in the order.

The plaintiff is also the defendant, who is obligated to implement the procedure for the registration of ownership transfer as stated in the paragraph.

In receipt of the procedures for the registration of transfer of ownership in the port and in repayment, the procedures for the registration of transfer of ownership with respect to the area of 66 m2.3 m2.

(1) Evidence Nos. 2 and 3 shall be used.

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