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(영문) 대전지방법원홍성지원 2020.02.19 2019가단2872

부동산매매계약에 의한 소유권이전등기

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1. As to the Plaintiff’s share of 495/9018, out of 1002 square meters in 1002 square meters in the Republic of Korea, Defendant C, D, and E, respectively, 330/9018.

Reasons

1. The Plaintiff, on July 22, 1994, purchased 165/1002 shares in the 1002m2 and the 19,000,000 of the purchase price of the house on the ground, which was owned by G, from 1002m2, G, and completed the registration of ownership transfer on the housing after full payment of the purchase price. However, on the land, the Plaintiff did not complete the registration of ownership transfer because it did not obtain the qualification for acquisition

G died on September 27, 2005, and the Defendants jointly inherited the property.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer as to B/102 x 3/9 x 165/1002 x 2/9 x 9.

2. Defendant B, D, E Confession (Article 208 (3) 2, and Article 150 (3) of the Civil Procedure Act)

3. Recognition of all the claims filed by Defendant C

4. A qualification certificate for acquisition of farmland is a document to be attached when a person who acquired farmland applies for a registration of ownership, and it does not constitute a requirement that the sales contract which is a juristic act which causes acquisition of farmland, only proves that the person who acquired farmland has the qualification for acquisition of farmland.

In a lawsuit concerning the performance of the procedure for the registration of ownership transfer of farmland, even if the Plaintiff failed to obtain the qualification certificate for acquisition of farmland until the closing of argument in the fact-finding court, it can acquire the ownership of farmland with the qualification certificate for acquisition of farmland after the completion of the civil procedure (see Supreme Court Decision 97Da49251, Feb. 27, 1998), the Plaintiff’s claim is accepted