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(영문) 대구지방법원경주지원 2017.11.07 2016가단4344
소유권이전등기 등
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 February 21, 1997, the Plaintiff entered into a sales contract with the Defendant to purchase approximately 360 square meters out of approximately 19,339 square meters of land B in the racing-si, the Defendant owned by the Defendant (hereinafter “the instant sales contract”) with the intent to use it for access road, which is a prerequisite for constructing a detached housing complex on the ground of the land of the race-si, the race-si, which was owned by Nonparty C, for the purpose of using it for the use of access road, which is a premise for constructing a detached housing complex on the ground of the said land (hereinafter

Terms and conditions of a sales contract of KRW 30 million (a contract amounting to KRW 10 million shall be paid at the same time as the contract, and a balance of KRW 20 million shall be paid on March 20, 1997).

1. A cadastral survey shall be applied to the Plaintiff, and the Defendant shall agree to apply for cadastral division and land category change after confirming the survey result map.

(Expenses of survey shall be borne by the Plaintiff). 2. The balance shall be settled at the same time as the division and land category change.

3. (Omission)

4. The divided road site shall be the buyer's delinquency to contribute at the time of racing after transfer of ownership.

In the event of default, ownership is cancelled.

5. The increase or decrease in the area shall be made 80,000 won per square meter as a result of the survey.

6. The key to this Agreement is after obtaining approval from the Minister of Culture, Sports and Tourism.

B. Upon entering into the instant sales contract, the Plaintiff paid the Defendant the down payment of KRW 10 million, and on March 20, 1997, the Plaintiff paid the Defendant the remainder amount of KRW 20,320,000,000 in total and incidental expenses of KRW 20,320,000,000. The Plaintiff and the Defendant agreed that the transfer of ownership shall be registered after the split-off registration.

(A) Facts without dispute (based on recognition), entry in Gap evidence 1, 2, and 3, and Eul evidence 1 through 11 (including branch numbers, hereinafter the same shall apply), and the purport of the whole pleadings.

2. Determination on a claim for the performance of the procedure for ownership transfer registration (main claim)

A. The summary of the Plaintiff’s assertion is divided into the instant land A and the instant land B, according to the instant sales contract, and the Defendant divided the instant land into the Plaintiff.

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