(영문) 창원지방법원통영지원 2015.09.22 2014가단8942

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(영문) 창원지방법원통영지원 2015.09.22 2014가단8942

소유권이전등기

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Facts of recognition;

A. On July 2008, the Plaintiff developed D and four lots of land (hereinafter “the planned new construction site of this case”) and prepared a new project to build a new detached house.

B. On July 29, 2008, the Defendant: (a) purchased the pertinent land from E in the amount of KRW 150 million in the purchase price; and (b) KRW 150 million in the amount of KRW 145,000,000 in the amount of KRW 145,000 in the amount of KRW 120,000 in the purchase price; (c) after completing the registration of ownership transfer on each of the above lands on August 8, 2008, the Defendant combined the instant adjacent land with the Defendant on the instant land after completing the registration of ownership transfer; and (d) the instant land became 30,190 square meters in the amount of KRW 2,190 in the amount of KRW 30,00 in the amount of KRW 145,00 in the area of land prior to the annexation (hereinafter “instant land after the annexation”).

C. On October 31, 2008, the Defendant issued to the Plaintiff a written consent to use 265 square meters of land among the instant land as a building site after the instant merger. On October 31, 2008, the Defendant issued to the Plaintiff a written consent to use the site with respect to the instant land, such as private agricultural cooperatives, which set up mortgage and superficies regarding the instant land after the instant merger, the same written consent to use the site as the said written consent.

On December 26, 2008, the Plaintiff obtained a building permit to newly construct three units of detached housing in the land scheduled for new construction from the macromarket. After the merger of this case, the Plaintiff opened a passage for the land scheduled for new construction of this case to the land scheduled for new construction in order to connect each point of the attached Table 1, 2, 18, 3, 19, 20, 21, 22, 23, 24, 14, 15, and 1.

【Reasons for Recognition】 Evidence Nos. 1 through 5, Evidence Nos. 1 and 1 (where the numbers are not specified despite the absence of the numbers, including the numbers; hereinafter the same shall apply), the result of the commission of surveying and appraisal to the branch offices of the Korea Land Information Corporation, the purport of the whole pleadings

2. The Parties.

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