logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2017.12.15 2016가단22778
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall regard the following land from the plaintiff:

Reasons

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on the ground of the former District Court’s indictment No. 31030 of May 9, 201, which was received on May 9, 201, as to the area of 2,218 square meters (hereinafter “Plaintiff’s land”) prior to the subdivision of the Seoul Special Self-Governing Province (hereinafter “the Plaintiff’s land”).

(A) On July 30, 2012, the Plaintiff divided the said land into two thousand one hundred and thirty-one square meters before D and eight-one square meters before E).

On November 20, 2012, the Defendant entered into a sales contract with F and Jeonbuk-gun and four parcels (C, H, I, and J) (hereinafter referred to as “C, H, I, and J”), setting the purchase price of KRW 221,00,000, and entered into the following special agreements:

4. If a seller changes a right to the above real estate at the same time as the principal contract and until the buyer completes the registration transfer, he/she shall immediately cancel the contract and return the down payment without any mutual compensation for losses.

The buyer shall promptly transfer the purchase price to his name at the same time with the balance payment.

b.5. The seller and the buyer shall determine the category of land C: B before and after consultation with A (Plaintiff) the size of 262 square meters.

Provided, That if a dispute arises, the purchaser shall prevail.

C. As the Jeonju District Court 2012Kadan5047, the Plaintiff filed an application for provisional disposition against the prohibition of disposal of the instant land on December 28, 2012 with F, the owner of the right to claim ownership transfer registration based on the gift agreement concluded with F, the ownership owner, as the right to be preserved. The Jeonju District Court rendered a provisional disposition against the instant land on December 28, 2012.

The provisional disposition order was registered on December 28, 2012. D.

On December 20, 2012, the Plaintiff and the Defendant drafted the following agreements regarding the instant land:

hereinafter referred to as "Agreement on December 20, 2012".

(C) Jeonju-gun: A is subject to the condition that the transfer of land area of 262 square meters (around 79.3 square meters) to A (Plaintiff) and the division of entrance and corner dates shall be conducted. The seller B (Defendant) and the buyer A (Plaintiff)

E. On the instant land C.

subsection (b).

arrow