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(영문) 대전지방법원 홍성지원 2017.03.14 2016가단8336
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. While the Plaintiff was aware of the land on which the two houses are operated through the “E Licensed Real Estate Agent Office”, the Plaintiff was recommended by FF of the said brokerage office to purchase the instant land owned by G.

B. However, in order to secure access roads for the Plaintiff’s operation of the two stations from the land No. 1 of this case, the use of the land No. 2 of this case owned by the Defendant was necessary.

C. Around May 2016, the Plaintiff and F consulted with the Defendant on whether the instant site subject to exchange and the instant access road site could be exchanged through H, the Defendant’s seat.

On May 13, 2016, the Plaintiff entered into a sales contract with G to the effect that the purchase price for the instant land No. 1 is KRW 1220 million, and the Daejeon District Court Boan District Court registered the transfer of ownership under the name of the Plaintiff as the receipt No. 13322 on June 13, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2-1, witness F, and H's testimony (Provided, That in the case of witness F, the witness F is excluded from the part which is not believed later), the purport of the whole pleadings

2. Determination on the cause of the claim

A. On May 10, 2016, the Plaintiff’s assertion and the Defendant concluded an exchange contract on the instant land subject to the exchange and the instant access road site orally, and thus, the Defendant is obligated to implement the procedure for the registration of ownership transfer as to the instant access road site at the same time as the Plaintiff is implementing the procedure for the registration of ownership transfer by the Plaintiff.

B. The fact that there was an agreement between the Plaintiff and the Defendant on the exchange site of this case and the access road site of this case, and the circumstances that the Plaintiff needed to operate the access road of this case in the land No. 1 are as seen earlier.

However, after the above consultation between the plaintiff and the defendant, the land subject to the exchange of this case and the access road of this case.

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