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(영문) 서울중앙지방법원 2009.08.26 2009재나102

소유권이전등기

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1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the defendant;

purport, purport, ..

Reasons

1. The following facts are apparent in records:

On January 15, 2001, the Seoul Central District Court (Seoul Central District Court Decision 2004Ga152894) filed a lawsuit against the defendant for the execution of the procedure for ownership transfer registration based on the provisional registration that was completed on January 16, 2001 by the Gangnam District Court (Seoul Central District Court Decision 2004Ga152894), and the above court affirmed the judgment of the first instance that accepted the plaintiff's claim on February 16, 2005. The above court appealed against the defendant on September 8, 2005 as the above court 2005Na7206, but the above court dismissed the defendant's appeal by changing the date of completion of the purchase and sale promise from January 15, 2001 to June 10, 2004, to June 10, 2004, with the exception that the date of completion of the first instance judgment was changed to June 10, 2004.

B. The contents of the judgment subject to a retrial (1) cited the contents of the judgment subject to a retrial pursuant to Article 420 of the Civil Procedure Act. The plaintiff is the mother of the defendant, taking into account the following: "The plaintiff is the defendant's mother on October 15, 1981 after winning the apartment of this case as an account holder of housing subscription savings, and the defendant entered into a sales contract with the non-party Korea National Housing Corporation for the purchase price of KRW 9,561,000 on August 26, 1981. On August 27, 1985, the registration of ownership transfer was completed on October 26, 1981 with respect to the apartment of this case on which the provisional registration was completed under the name of the plaintiff on January 16, 201, and the copy of the complaint containing a declaration of completion of the plaintiff's sales contract was delivered to the defendant on June 10, 204."