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(영문) 창원지방법원 2019.06.13 2018나52690
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On December 3, 2014, the Defendant entered into a contract under the following terms (hereinafter referred to as “instant contract”) with the Plaintiff, the owner of the E land of KRW 10,155 square meters (hereinafter referred to as “instant land”) on December 3, 2014, the Defendant entered into a contract with the Plaintiff, who is the owner of the land of KRW 7,235 square meters for F land and KRW 1,434 square meters for G land on April 28, 2015. On June 9, 2015, the F land was divided into KRW 2,606 square meters for Qua land, E land was divided into KRW 128 square meters for H land in E land; hereinafter referred to as “land is specified solely on Ruri and lot number”).

The defendant and the plaintiff enter into a contract with the defendant as follows, and the plaintiff shall make the contract until December 31, 2015:

C. Foods

1. The Defendant opened a road at the lower end of the adjoining E forest via the paddy field, J field, and K field land (hereinafter referred to as “undeveloped land”), and, at the time of subdivision registration, partially transfer the road shares (the shares of land connected from L party to the lower end of the forest and fields) to the Plaintiff at the time of the registration of subdivision.

2. The Plaintiff shall offer to the maximum extent full stone necessary for the construction of a stone shed, road construction, and flating in the attached cadastral G and H zone.

3. The share in the road under paragraph (1) above and the offer of rocks under paragraph (2) above shall be an exchange condition with no money payment between the parties.

4. The Plaintiff shall divide part of E forest land (see approximately KRW 471, the cadastral map attached thereto) and sell it to a third party designated by the Defendant or the Defendant for KRW 25 million.

In addition, the plaintiff may sell or sell to a third party until such amount is paid.

5. In the event of loss to the other party in connection with this contract, the party who suffered the loss may claim damages to the other party and may not be liable to the plaintiff when the construction is discontinued due to the circumstances of

B. On May 23, 2015, the Plaintiff entered into a contract with M to sell 4,628 square meters (1,400 square meters) of F land in KRW 7,235 square meters (the document No. 2 included in the document No. 7,236 square meters in the document No. 2, but it appears to be a clerical error) for KRW 2.5 million (hereinafter “instant sales contract”). The Plaintiff’s “in the special clause of the instant sales contract” is land F.

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