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(영문) 수원지방법원성남지원 2015.01.30 2014가단220636
소유권이전등기
Text

1. As to each real estate listed in the separate sheet to the Plaintiff, the Defendant is limited to the cause of sale on December 30, 2012.

Reasons

1. Basic facts

A. Before subdivision, the Defendant completed the registration of ownership transfer on August 3, 1976 with respect to the land of 1,081 square meters prior to Gwangju Metropolitan City (hereinafter “instant land before subdivision”).

B. On December 30, 2010, the Plaintiff purchased the instant land from the Defendant for KRW 130,800,000 (hereinafter “instant sales contract”). On the same day, the Plaintiff paid the remainder of KRW 120,800,000, and the remainder of KRW 120,80,000 on March 31, 201, respectively, to the Defendant, and the Defendant received any balance from the Plaintiff and issued documents, such as a certificate of personal seal impression, necessary for the registration of transfer of ownership.

C. On July 4, 2011, the Plaintiff filed a registration for partial transfer of ownership under Article 40475 with respect to the portion of 445/100 of the land prior to the instant partition as to Suwon District Court’s receipt of the Sung-nam Branch Office. However, the Plaintiff did not file a registration for partial transfer of ownership with respect to the remaining portion of 636/100. The land prior to the instant partition was divided into 427 square meters prior to Gwangju-si, Gwangju-si, 327 square meters prior to D, 445 square meters prior to D, and 209 square meters prior to E, and the Plaintiff’s share of 445/100 as above was transferred to each land after the said partition.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-1 to 3, the purport of the whole pleadings

2. According to the above facts of recognition, the Defendant is obligated to implement the registration procedure for transfer of ownership on each real estate listed in the separate sheet to the Plaintiff on December 30, 2010.

3. In conclusion, the plaintiff's claim of this case is justified, and it is reasonable to accept it, and the costs of lawsuit should be borne by each party in consideration of all the circumstances shown in the argument of this case. It is so decided as per Disposition.

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