(영문) 수원지방법원여주지원 2017.12.13 2017가단5121

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(영문) 수원지방법원여주지원 2017.12.13 2017가단5121

소유권이전등기등기

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1. The defendant is based on the sale on April 4, 2008 with respect to the share of 66/654 square meters among the 654 square meters of C. 654 square meters in Innju-si to the plaintiff.

Reasons

1. Basic facts

A. On April 4, 2008, the Plaintiff entered into a contract with the Defendant and D to purchase KRW 595 square meters (180 square meters; hereinafter “instant forest”) from the Defendant and D among the forest land E and F in Innju City (hereinafter “instant contract”) at KRW 60 million.

In the latter part of paragraph (2) of the special agreement of the sales contract of this case, "In addition, 20 shares of the defendant in C shall be transferred in the future."

B. The Plaintiff completed the registration of ownership transfer on the instant forest land based on the instant sales contract.

C. On May 31, 2002, G completed the registration of ownership transfer with respect to C. 654 square meters (hereinafter “instant road”) on the instant road as of May 31, 2002. After that, on March 4, 2011, G completed the registration of ownership transfer with respect to the instant road, the registration of ownership transfer due to sale was completed on May 31, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that the defendant agreed to transfer ownership to the plaintiff with respect to the 20th share of the road in this case. Thus, the defendant asserts that the plaintiff is obligated to perform the procedure for the transfer of ownership to the above real estate, and that the defendant only agreed to allow the plaintiff to use the above road with the consent of the owner of the road in this case and did not agree to transfer ownership to the 20th share of the road in this case.

3. Determination

A. As to whether the Defendant agreed to transfer ownership of 20 square meters of the instant road to the Plaintiff, comprehensively taking account of the following circumstances acknowledged by the health department, the above recognition facts, the evidence No. 1, the evidence No. 1, and the purport of the argument No. 1, the Defendant transferred ownership of 20 square meters of the instant road to the Plaintiff.

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