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(영문) 창원지방법원 통영지원 2018.09.04 2017가단26491
소유권이전등기
Text

1. The Defendant’s each point is indicated in the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 9, and 1 among the land size of 1,223 square meters prior to C at the time of macroscing to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 21, 2009, the land owned by the Plaintiff was divided into 1,157 square meters before D and 1,223 square meters before C on October 21, 2009.

B. On November 4, 2011, the Plaintiff entered into a sales contract with the Defendant as to C’s 1,223 square meters and G 118 square meters, and the Defendant completed the registration of ownership transfer on each of the above land on December 1, 201.

C. The Plaintiff and the Defendant, on November 30, 201, did not secure a road leading to a contribution from the 1,157 square meters prior to D, which would be owned by the Plaintiff if the ownership of 1,223 square meters and 118 square meters prior to G is transferred to the Defendant. As such, the Plaintiff and the Defendant, in turn, transferred ownership to the Plaintiff on the part of 100 square meters in the attached map (hereinafter “the portion of the instant road”) connected in turn, among the 1,223 square meters prior to C on November 30, 201, with respect to the portion of 1,223 square meters in the attached map, which was connected in turn, (2), 3,4, 5, 6, 7, 8, 9, and 100 square meters in the part of the instant road (hereinafter “the instant road”). In filing an application for a building permit with the Plaintiff on the 1,157 square meters prior to D, the Defendant agreed to consent to the use of the instant part (hereinafter “instant”).

[Reasons for Recognition] Facts without dispute, Gap 1 through 4, 8, Eul 1 (including those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, pursuant to the instant agreement, the Defendant is obligated to take procedures for the registration of ownership transfer on the ground of an agreement made on November 30, 201 with respect to the instant road portion to the Plaintiff on the ground of an agreement made on November 30, 201, and in filing an application for a building permit with the Plaintiff on the ground of 1,157 square meters prior to D, to express his/her

3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.

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