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(영문) 의정부지방법원 2020.08.20 2019나215280
소유권이전등기
Text

1. Upon the request of this court for a change in exchange, the Defendant shall provide the Plaintiff with the attached list.

Reasons

1. Basic facts

A. The reasoning for this part of this Court is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except for the following part of this Court’s reasoning, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Part 1 of the judgment of the court of first instance is the same as “ around October 10, 2016” in the second 7th tier of the judgment of the court of first instance as “by October 10, 2016.” 2) In the second 7 and 8th tier of the judgment of the court of first instance, “each real estate listed in the attached Table (hereinafter “instant real estate”)” is deemed as “F forest 58,918 square meters (hereinafter “land before division”) in the same 7th tier of the judgment of the court of first instance.”

3) In the second and fifth stages of the judgment of the court of first instance, “the instant real estate” is raised to “land before division” respectively. (4) In the second half of the judgment of the court of first instance, “if the instant real estate is not performed, it was anticipated that the instant real estate will be divided into the instant real estate, etc. at the time of the conclusion of the instant real estate contract, among the land before division, as compensation for damages, if not performed.”

5) Under the second sentence of the judgment of the first instance, “D. Subsequent land was divided into five parcels, including the instant real estate, etc.” shall be added between the first to the second sentence and the second sentence. 6) The second sentence of the judgment of the first instance shall be deleted from the first to third 5 pages.

2. Judgment on the main claim

A. According to the above facts finding as to the cause of the claim, the Defendant did not perform its obligation to pay money under the instant joint project agreement, and thus, the Defendant shall re-transfer the ownership of the instant real estate to the Plaintiff as compensation for damages under the instant joint project agreement.

Therefore, the Defendant is obligated to implement the registration procedure for transfer of ownership on October 10, 2016 with respect to the instant real estate to the Plaintiff.

B. On the part of the Defendant’s assertion, the Defendant, on December 2016, concluded the instant joint business agreement, retroactively ceased to have its effect due to the Plaintiff’s cancellation of contract.

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