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(영문) 광주지방법원 2020.03.13 2019가단516864

소유권이전등기

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1. The part of the claim for confirmation of the status of the buyer among the primary claims of the instant lawsuit is dismissed.

2. Defendant.

Reasons

1. Basic facts

A. The instant real estate is registered as owned by the Korea Rural Community Corporation, a telegraphic transfer of Defendant Korea Rural Community Corporation (hereinafter collectively referred to as “Defendant Korea Rural Community Corporation”) and the Korea Rural Community Corporation (hereinafter referred to as “Defendant Rural Community Corporation”).

B. On March 5, 1998, the deceased AD concluded a contract for the sale of reclaimed land, etc. with the defendant Korea Rural Community Corporation to purchase the real estate in KRW 18,624,690 on March 5, 1998.

(hereinafter “instant contract”). According to the instant contract, Defendant Korea Rural Community Corporation is obligated to transfer the ownership of the instant real estate when the seller pays the sales price in full.

C. On April 17, 2019, the Plaintiff occupied the instant real estate and paid the principal and interest of the sales price under the instant contract in installments for 20 years in lieu of net AD.

The plaintiff is a child of the deceased AD, and the remaining defendants except the defendant Korea Rural Community Corporation are the successors of each network AD or substitute successors.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 6 (including each number), the purport of the whole pleadings

2. The plaintiff's primary assertion is that the plaintiff entered into the contract of this case with the name of the deceased AD and paid in full. Thus, the actual party to the contract of this case is the plaintiff.

Therefore, the Plaintiff seeks to verify that the remaining Defendants except the Plaintiff and the Defendant Korea Rural Community Corporation are the buyer’s status regarding the instant real estate, and seek to implement the registration procedure for transfer of ownership based on the instant contract concluded on March 5, 1998 against the Defendant Korea Rural Community Corporation.

Preliminaryly, the Plaintiff occupied the instant real estate for not less than 20 years with his own will, and thus, the Plaintiff did so to the Defendant Korea Rural Community Corporation.