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(영문) 대전지방법원서산지원 2015.03.31 2014가단3179
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant shall attach attached Form 415 square meters among the 415 square meters in the warehouse site in Seosan-si.

Reasons

1. Basic facts

A. On December 4, 2004, the Plaintiff, Nonparty D, the Plaintiff’s Plaintiff’s birth, and Nonparty E, the Plaintiff’s Chokdong, concluded a sales contract with the Defendant to purchase the purchase price of KRW 200,600,000 for KRW 222,00,00 on the same day (hereinafter “instant sales contract”) and on the same day, the Defendant paid the down payment amount of KRW 222,00,000 on the same day to the Defendant on the same day.

However, by a special contract, 200 square meters out of C and L land were excluded from the above sale.

B. After paying the full purchase price to the Defendant, the Plaintiff et al. completed each registration of ownership transfer in the name of the Plaintiff for I, J,O, and N land, name D for G and H land, and name E for K land.

C. On September 29, 2005, the 645 square meters in C warehouse site was divided into 415 square meters in C warehouse site and 230 square meters in P warehouse site as indicated in the attached appraisal sheet. The 415 square meters in C warehouse site were owned by the Defendant, and 230 square meters in P warehouse site were registered as owned by the Plaintiff.

C Out of 415 square meters in the warehouse site, appraisal in the attached Table 2, 3, 21, 22, 18, 17, 16, and 2 are connected in order to each point of the attached Table 2, 3, 21, 22, 18, 17, 16, and 2, 56 square meters in part (hereinafter “instant road”) are actually used as a non-packaged road, and the said road is also connected to the Plaintiff’s I

[Ground of recognition] A without dispute, entry of Gap evidence Nos. 1 through 4, the result of the request for measurement and appraisal to the branch offices of the Korea Cadastral Survey Corporation by this court, the result of the on-site verification by this court, the purport of the whole pleadings

2. Judgment on the main claim

A. The plaintiff's assertion and the defendant decided to divide 200 square meters out of C and L land by a special contract at the time of the conclusion of the sales contract of this case after excluding the sale subject matter. Thus, even if the defendant does not consult with the plaintiff, etc. or do not do so, the defendant is above the above, considering the shape, location, and

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