(영문) 대구지방법원 2017.01.10 2016가단6320

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(영문) 대구지방법원 2017.01.10 2016가단6320

소유권이전등기

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Defendants shared 1/2 shares of each of the instant multi-household housing sites with the 528 square meters and D 536 square meters (hereinafter “multi-household housing site”). Defendant B transferred his/her share in the instant multi-household housing site due to the partition of co-owned property around January 15, 2015 to Defendant A.

B. The Defendants received building permission for multi-family housing (multi-household housing in urban-type complex; hereinafter “multi-household housing”) on the ground of the Doldong-gun and the E-owned land from Doldong-gun around March 24, 2015.

C. The Defendants decided to newly construct multi-household housing in the instant multi-household housing site, and concluded a joint business agreement with the Plaintiff around July 15, 2015.

(hereinafter “instant agreement”). D.

The Plaintiff failed to newly construct the instant multi-household housing, and the Defendants entered into a new construction contract with the Non-Party Corporation, on February 25, 2016, and the said multi-household housing was newly built.

[Ground for Recognition: Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2

(2) The court below erred by misapprehending the legal principles on the following facts: (a) the inquiry and reply of the fact to the port credit union; (b) the witness F’s testimony; and (c) the

2. Determination on the claim for transfer of ownership

A. According to Article 12(1) of the instant agreement, the Defendants are obligated to transfer to the Plaintiff the ownership of C & 528 square meters in overlap with the land for which the instant multi-household house was permitted, on July 15, 2015, the term “two buildings that obtained the permission” means the land for which the Defendants obtained the permission, by paying KRW 10 million to the Defendants around July 15, 2015. The meaning of “two buildings that obtained the permission” refers to the land for which the Defendants obtained the permission. As such, the Defendants are obligated to transfer to the Plaintiff the ownership of the C & 528 square meters in overlap with the land for which the permission was granted.

B. The judgment is held earlier.

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