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(영문) 창원지방법원 거창지원 2018.04.03 2017가단10935
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On March 16, 2001, the Plaintiff completed the registration of ownership transfer with respect to 2,168 square meters of land C in Gohap-gun, Chungcheongnam-gun (hereinafter “instant land”).

B. Around August 201, the Defendant and the Gyeongnam-do requested the Plaintiff to purchase local highway E&D (hereinafter “instant construction”) on behalf of the Plaintiff, but the Plaintiff rejected the request.

C. On June 5, 2012, the Defendant abolished the use of F.F. 691 square meters, G road 613 square meters, and H road 75 square meters located outside the clearance zone of local highway lines. On June 5, 2012, the Defendant completed the instant construction project around early 2013.

On January 7, 2013, the Plaintiff: (a) divided the instant land into KRW 1,396 square meters of forest land, and KRW 772 square meters of forest land in Gohap-gun, Gohap-gun; and (b) completed the registration of ownership transfer on January 4, 2013 for the acquisition of public land in Gyeongnam-do; and (c) the Defendant completed the registration of ownership transfer on January 18, 2013 by combining the instant land into KRW 613 square meters of forest land in Gohap-gun, Gyeongcheon-gun, Gohap-gun, and H road into KRW 682 square meters and completed the registration of ownership transfer to the Plaintiff.

E. Around August 2015, J accepted a civil petition for grievance with the purport that “The Defendant promised between the Plaintiff and the Plaintiff to exchange the instant building area and the Defendant’s land, 613m2, G road, H road, 75m2, and F road 691m2, which are owned by the Defendant, the Defendant must sell a number of F road 691m2.” Around August 2015, the Anti-Corruption and Civil Rights Commission expressed the Plaintiff’s opinion that the remainder of the part, excluding the width of entry into the adjacent K and L, which is 691m2, from among FF road 69m2.

F. In accordance with the above opinion of the Anti-Corruption and Civil Rights Commission, the Defendant: (a) registered the F.F. F. F. 691 square meters in M. 729 square meters on June 21, 2016; and (b) divided it into M. 139 square meters, N. 275 square meters, O. 187 square meters, P. 128 square meters; and (c) completed the registration of ownership transfer on Q. 187 square meters in P. 15, 2016; and (d) completed on July 19, 2016, the Defendant completed the registration of ownership transfer on the said N. 275 square meters in P. 128 square meters on the same day to the Plaintiff on the same day.

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