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(영문) 대전지방법원 2018.11.30 2017나5844
소유권이전등기
Text

1. The judgment of the court of first instance, including withdrawal, addition, and reduced claims, shall be as follows, paragraph 2:

Reasons

1. Facts of recognition;

A. On April 6, 2011, the Plaintiff and the Defendant concluded a real estate sales contract (hereinafter “instant contract”) with the content that the Defendant would pay to the Plaintiff the amount of KRW 22,250,000 (250,000 per square meter) out of KRW 22,250,03 square meters (hereinafter “land before subdivision”) prior to the division owned by the Defendant, for the purpose of opening access roads necessary for the development of the E-Japan located in the city of Mangjin-si, the Plaintiff and the Defendant: (a) sold to the Plaintiff at KRW 22,250,000 (per square meter 250,000); and (b) the balance to be paid within one week from the date of obtaining permission for development activities (land division).

B. On November 20, 2007, the Plaintiff’s internal director D, in charge of entering into the instant contract, paid KRW 2,520,000 to the Defendant. On February 3, 2009, he remitted KRW 3,000,000 to the budget secretary.

C. On April 6, 2011, the Plaintiff paid KRW 11,100,000 to the Defendant respectively, and KRW 447,090 on February 1, 2013.

On March 2015, the Defendant granted the Plaintiff the power of representation, such as permission for development activities (land division), measurement, and application for adjustment of public records on the land before subdivision.

E. On June 18, 2015, the land before subdivision was divided into the land indicated in paragraph (1) of the attached Table No. 1 (hereinafter “C land”) and the F,934 square meters (hereinafter “F land”).

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1 through 4, Gap evidence 5-1, 2, Gap evidence 6, Eul evidence 6, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s subject matter of the instant contract is 71.2 square meters (i.e., 89 square meters) reduced from 20% to 71.2 square meters among the land before partition, and the remainder of 136 square meters excluding 99 square meters of land size of C land divided for the establishment of access roads is deemed to purchase part of the F land. As such, the subject matter of the instant contract is “136/1934 shares of F land” and “17,800,000 won (=71.2 square meters x 250,000 won).

D 2,520,000 won paid by D to the Defendant on November 20, 2007, D transferred to the budget tax secretary on February 3, 2009, KRW 3,000,000, and the Plaintiff on April 6, 2011.

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