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(영문) 대전지방법원홍성지원 2019.07.24 2018가단1445

소유권이전등기

Text

1. The plaintiffs' primary claims and conjunctive claims are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. A. Around October 2005, H sold to G and F 40 square meters in Seocheon-gun, Seocheon-gun, Chungcheongnam-do (hereinafter “instant land”), I large 608 square meters, J Doz. 41.7 square meters, and entered into a special agreement to exchange approximately eight square meters out of K forest owned by the Plaintiffs and the instant land free of charge.

B. G and F completed each registration of ownership transfer on December 27, 2005, including the instant land.

C. On July 12, 2016, the Defendants purchased the instant land owned by G and F, I land, its ground, detached houses and neighborhood living facilities, J land and L land, and completed each registration of ownership transfer on July 14, 2016.

【Non-contentious facts, Gap 3, 4 evidence, Eul 4-1, Eul 5 through 7, the witness F's testimony, and the purport of whole pleadings

2. Judgment as to the main claim

A. The Plaintiffs asserted 1, around August 2002, purchased the instant land from H with KRW 10 million and completed the registration of ownership transfer later, and paid the price, thereby constructing a building on that ground and occupying the instant land.

After that, H, while selling the instant land to G and F, agreed to complete the registration of ownership transfer with respect to the instant land when the Plaintiffs demanded G and F to complete the registration of ownership transfer. The Defendants also agreed to purchase the instant land from G and F.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer of the instant land to the Plaintiffs.

B. Comprehensively taking account of the overall purport of the pleadings in each statement in the evidence No. 5 and No. 1 and No. 1 and No. 3, the Plaintiffs purchased from M around 2001 the land of 258m2 and the land of 186m2 as to each of 1/2 shares on March 21, 2001, and the Plaintiffs purchased the land of 48.2m2m2 from O on April 26, 2004, and each of 1/2 shares on May 28, 2004.