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(영문) 대구지방법원포항지원 2015.04.28 2014가단306508

소유권이전등기

Text

1. As to the Plaintiff, as to the Defendant A’s share of 4/10 square meters in Nam-gu D, Nam-gu, Pohang-gu, and 275 square meters, Defendant B and C, respectively, 3/10.

Reasons

1. Basic facts

A. On June 23, 197, the Young-gu Farmland Improvement Association entered into a sales contract with the Non-Party E on a purchase contract for the purchase of KRW 275,00,00 (hereinafter “instant real property”) of the Nam-gu Do ditch 275,00 in terms of water to secure a site for water use and install a drainage channel (hereinafter “instant sales contract”).

B. On January 1, 200, the Plaintiff (the name of the Korea Rural Community Corporation was changed from the Korea Rural Community Corporation to the Korea Rural Community Corporation through the Korea Rural Community Corporation) established and comprehensively succeeded to the rights and obligations of the Korea Rural Community Corporation.

C. The network E, the owner of the instant real estate, died on August 15, 1980, and Defendant A inherited his 4/10 shares, and Defendant B and C inherited their 3/10 shares, respectively. The instant real estate was completed on August 15, 1980 on April 23, 1991 by inheritance.

Meanwhile, at the time of the instant sales contract, the instant real estate was divided from Pohang-gu F, Nam-gu, the mother lot number of Jun. 22, 197, and its land category was changed to a ditch. The Plaintiff installed a drainage channel for the instant real estate, and the said multiple channel exists as of the date of the closing of argument in the instant case.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 9, Eul evidence 1 to 1 (including each number), and the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the Defendants who inherited the deceased E, barring any special circumstance, are obligated to implement the registration procedure for transfer of ownership on June 23, 197 with respect to the instant real estate in accordance with the instant sales contract to the Plaintiff.

3. Judgment on the defendants' assertion

A. The Defendants asserted the expiration of the extinctive prescription period, where the Plaintiff purchased the instant real estate on June 23, 197, but did not complete the registration of ownership transfer under the Plaintiff’s name, the extinctive prescription of the Plaintiff’s claim for the registration of ownership transfer concerning the instant real estate on June 23, 1987.