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(영문) 인천지방법원부천지원 2015.10.07 2014가단24107
소유권이전등기
Text

1. The defendant marks 5, 6, 7, 18, 17, and 17, of the "Seongpo-si 412-13 large 1,617m2" in the attached Form No. 5, 6, 7, 17, the plaintiff.

Reasons

1. Basic facts

A. On October 29, 2010, the ownership transfer registration was completed in the name of the Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) (hereinafter “Korea Exchange Bank”) on October 29, 2010.

B. On April 7, 2014, the Defendant concluded with the Plaintiff a sales contract that sells part of the land before subdivision to the Plaintiff (hereinafter “instant sales contract”) as a truster of the land before subdivision.

C. On May 13, 2014, the Defendant divided, from the land before subdivision, the “Gimpo-si High Village 412-15 large 1,653m2” (hereinafter “412-15m”) into the land before subdivision, and completed the registration of ownership transfer under the name of the Defendant on June 2, 2014 due to the attribution of trust property. On June 2, 2014, the Defendant transferred the registration of ownership transfer on the land above 412-15 on the ground of the instant sales contract to the Plaintiff on June 2, 2014. D. The remaining portion (hereinafter “412-13m2”) remaining in the name of Nonparty bank, the trustee.

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

2. The parties' assertion

A. Unlike the content stipulated in the instant sales contract, the Defendant asserted that the land was divided by defining the boundary of the partitioned land.

As a result, the plaintiff would complete the registration of ownership transfer on the land portion which is not subject to sale, and the plaintiff could not receive the registration of ownership transfer on part of the land subject to sale.

Therefore, the Defendant is obligated to transfer the registration of ownership transfer on the portion of the land registered in the name of the Plaintiff, which is not subject to sale, to the Plaintiff, while the Defendant is obligated to transfer the registration of ownership transfer on the part of the land remaining in the name of the Nonparty bank.

B. The Defendant asserted that the land is divided as stipulated in the instant sales contract to the Plaintiff.

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