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(영문) 서울고등법원 2015.01.08 2014나2005171
소유권이전등기
Text

1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment is revoked.

The defendant shall make the plaintiff 218,500.

Reasons

1. Facts of recognition;

A. On April 20, 2007, the Defendant entered into a sales contract and received road prices. 1) On April 20, 2007, the Defendant is only the Plaintiff and the Plaintiff is the Plaintiff, who owns the land.

(2) Of F.F. 2,248 square meters, a part of the remaining part of the 2,322 square meters is specified and sold in KRW 200 million. In order to pass along a public road from land for sale, part of the F, G, and E, owned by the Defendant, is to be divided and set up a road, and the location of the road is to be determined by drawing (A. 2, the specific location of the road here is referred to as “instant agreement”).

(A) A specific attachment was attached to a sales contract, and the road section is registered after receiving the purchase price in proportion to the area of the road after the division survey (hereinafter “instant sales contract”), and the same day shall be referred to as “the first sales contract” as “the first sales contract”).

(2) On June 1, 2007, the Defendant: (a) divided the F land into D 1,322 square meters (hereinafter “instant land”); and (b) completed the registration; (c) the Plaintiff and the Defendant completed the registration of the Plaintiff’s ownership transfer of the instant land on June 7, 2007, stating that “The subject matter of sale is KRW 500,000 per square meter, and the road price shall be KRW 500,000 per square meter, and the registration shall be completed by paying the price for shares in accordance with the size of the road after the division is conducted, as the sales contract exceeds 30 days, the actual transaction declaration period is 30 days; and (d) the Plaintiff and the Defendant shall enter the subject matter of sale into a special agreement on June 7, 2007, and completed the registration of the ownership transfer under the Plaintiff’s name.

3) After undergoing a survey on October 2008, the Defendant determined that the sum of 146 square meters in E, 92 square meters in size and 257 square meters in total among 926 square meters in total, and 2,205 square meters in G, as the site for the road of this case. The Defendant calculated the Plaintiff’s co-ownership as the sum of 36 square meters in E, 23 square meters in total, and 122 square meters in total, among 6 square meters in E, and 63 square meters in G (36.9 square meters in total), and calculated the purchase price as KRW 18.5 million in total (5 million per square year) x 40 square meters in total.

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