소유권이전등기
1. The Defendants are the Changwon District Court with respect to each portion of 2/11 of the respective real estate listed in the separate sheet to the Plaintiff.
1. Determination as to the cause of claim
A. 1) On October 27, 1986, the Plaintiff’s each of the real estates listed in the F’s separate sheet owned by F (hereinafter “each of the instant real estates”) between F and F, the husband of the Plaintiff.
(1) The term “instant trade reservation” means a pre-sale promise to purchase KRW 20,000,000 (hereinafter referred to as “instant promise”).
After the conclusion of the contract, on October 29, 1986, the provisional registration of the right to claim transfer of ownership was completed on the basis of the purchase and sale reservation of this case. 2) In the sale reservation of this case, ① the price is set at KRW 20,00,000, and the buyer paid the price to the seller at the seller’s domicile without setting a period, and at the same time paid the price to the seller at the seller’s domicile (Article 1), and ② the buyer paid the seller KRW 20,000,000 to the seller at the time of the formation of the contract as the down payment of the contract and received it from the seller.
(Article 4) The decision was made.
3) On August 6, 1997, F died after having left the Plaintiff and the Defendants, who are the wife, as the inheritor. [Defendant B, C: lack of dispute, Gap evidence 1-1-2-3-2, and Gap evidence 5-2-3, defendant D-2 of the whole pleadings, the purport of the whole pleadings, and Eul: Confession.
B. According to the above facts of recognition, the Plaintiff paid KRW 20,000,000 to F on October 27, 1986, thereby exercising the right to complete the purchase and sale reservation of this case. Thus, barring any other special circumstance, the Defendants, as F’ heir, are obligated to perform the registration procedure for transfer of ownership following the completion of the purchase and sale reservation of this case, with respect to each share of KRW 2/11 out of each real estate of this case to the Plaintiff.
2. Determination as to Defendant B and C’s defense
A. Defendant B’s defenses: (a) even though the Plaintiff did not conclude the instant purchase and sale reservation with F, the Defendant B prepares a false pre-sale agreement and forged relevant documents, thereby filing a provisional registration of the right to claim ownership transfer on each of the instant real estate.