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(영문) 대전지방법원서산지원 2017.09.06 2017가단1921
토지분할등기의 회복
Text

1. All claims filed by the counterclaim Defendant against the counterclaim Defendant are dismissed.

2. The costs of lawsuit incurred by a counterclaim;

Reasons

1. Basic facts

A. On January 2, 2015, in order to establish an access road to the FF land in Seosan-si, the counterclaim divided into 272 square meters and entered into a sales contract to purchase 172 square meters out of 12,303 square meters of the land in Seosan-si prior to the division, and then purchase and sale contract to purchase 50 million won of the land. The counterclaim paid 50 million won of the purchase price to the counterclaim Defendant around that time.

B. On January 21, 2016, the Lessee filed an application for the partition of E land before partition with delegation from the counterclaim Defendant on the request for cadastral survey, etc. The said land was divided into KRW 10,883 square meters of E forest land and KRW 1,420 of D forest land (hereinafter “instant land”) after the division on February 25, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. The counterclaim’s assertion and judgment are the cause of the instant claim. As the counterclaim purchased shares of 284.3/1,420 of each of the instant land from the counterclaim Defendant on January 2, 2015, the counterclaim Defendant asserts that the counterclaim Defendant is liable to implement the procedure for ownership transfer registration on January 2, 2015 with respect to each of the instant land’s shares of 284.3/1,420 of the instant land.

As seen earlier, the fact that the Lessee and the Lessee agreed to purchase from the Counterclaim Defendant the land of this case and its size are different from the land of this case, and thus, the same subject matter of sale is not the same.

Therefore, the above assertion by the Counterclaim Plaintiff on a different premise cannot be accepted.

3. If so, all of the claims of the counterclaim Defendant against the counterclaim Defendant are dismissed as it is without merit. It is so decided as per Disposition.

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