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(영문) 수원지방법원 2015.05.21 2014나40906
약정금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Facts of recognition;

A. On June 13, 2001, the Plaintiff and the Defendant concluded a sales contract with regard to E forest land 7,89 square meters, F forest land 353 square meters, F forest land 353 square meters, G prior to H, 858 square meters, 734 square meters prior to I, and a ditch 455 square meters (hereinafter the above real estate is specified as “D” and its lot number, and each of the above real estate is collectively referred to as “each of the instant real estate”).

B. According to the above sales contract, ① the Plaintiff completed the registration of ownership transfer as to E’s 6406/7899 shares and 337/858 shares among H, ② the Defendant’s wife L is about E’s 1493/789 shares, ③ the Defendant completed the registration of ownership transfer as to the 521/858 shares of G and H.

C. N was divided from H on September 30, 2004, and E was changed to the registration conversion and land category on September 30, 2004, and P, Q, and R was divided into P, Q, and R on the same day, andO merged on May 1, 2012.

On June 10, 2002, the Plaintiff prepared an agreement on land division (hereinafter “instant agreement”) with the Defendant on the basis of the following land division agreement (hereinafter “instant agreement”) on the basis of indicating the land classified as “one-time site” and “second-class site” by marking the land classified as “one-time site” and “second-class site”).

On April 1, 1255, 1255, x 440,00 = 55,2370, 2) x 385 x 380,000 = 259.5 square meters of the total road x 420,000 = 10,89.5 square meters of the total road x 427 square meters of the total area excluded from 10,99.5 square meters x 420,000 = 1247 square meters of the total area excluded from 9.330,00 = 11,6340,00 other matters = 5,449.5/Na) x 549.50,00 of the road site shall be divided into n/2.

Therefore, the right and ownership are recognized for each area listed on the current registry, and the divided amount is 60,686.50,000 won for the defendant: 39,313.50,000 won for the plaintiff.

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