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(영문) 대구지방법원 2016.01.29 2015가합3291

소유권이전등기

Text

1. The defendant shall implement the procedure for the registration of ownership transfer for the land listed in the attached list to the plaintiff.

2...

Reasons

1. Indication of claim;

A. The Plaintiff was married with the Defendant in 1979, and on January 6, 2006, the Plaintiff brought a divorce lawsuit against the Defendant, and divorced on January 6, 2006, “The Plaintiff and the Defendant divorced, and the Defendant paid 200 million won and damages for delay to the Plaintiff as consolation money.”

B. On January 28, 2011, the Plaintiff, who did not pay consolation money, concluded a sales contract with the content that the Plaintiff would receive the transfer of each land listed in the attached list owned by the network C, instead of 400 million won (the principal amount of the foregoing data KRW 200 million) (the principal amount of KRW 200 million).

C. The Plaintiff died between the Plaintiff and the Plaintiff who completed the registration of ownership transfer on each of the above lands due to the burden of registration tax, etc., and the Defendant completed the registration of ownership transfer on March 27, 2015 based on the legacy of October 17, 2014.

Since the above sales contract that the deceased C promised to transfer the ownership of the land listed in the separate sheet to the Plaintiff before the birth is valid, the registration of transfer under the name of the Defendant, which was arbitrarily completed without disregarding it, is null and void. Therefore, the Defendant is liable to implement the procedure for the registration of transfer of ownership to the Plaintiff

2. The judgment by the court below that the defendant, who is deemed to have made a confession of applicable provisions of this case, was served with a duplicate of the complaint of this case and a writ of summons for the first day of pleading D between the plaintiff and the defendant, and that "the defendant will submit a written answer by November 2, 2015" by wire, but did not submit any written argument until now (Articles 208(3)2 and 150(3) of the Civil Procedure Act)