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(영문) 부산지방법원 2018.02.21 2017가합44523

소유권이전등기

Text

1. The Plaintiff:

A. Defendant B: (a) on May 12, 2017, respectively, with respect to the area of 1,622 square meters and E 1,881 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are legally married couple who completed the marriage report on March 20, 1970, and Defendant C is the birth of Defendant B.

B. On May 22, 1979, the Plaintiff, his father, donated the Plaintiff with Ulsan-gun G 396.2 square meters (hereinafter “instant G land”) and completed the registration of ownership transfer on the said land based on the said donation.

C. On June 30, 2005, the Plaintiff entered into a sales contract with Nonparty H to sell the instant G land as KRW 420,000,000,000. Since then, Nonparty H received full payment of KRW 420,000,000 from Nonparty H.

On June 30, 2005, the Plaintiff entered into a contract with Nonparty I and J on the purchase price of the D 1,622 square meters and E 1,881 square meters in Ulsan-gun, Ulsan-gun, Ulsan-do (hereinafter “instant land”). The Plaintiff entered into a contract with Nonparty I and J on the purchase price of KRW 2.5 million in purchase price, and the Defendant B entered the contract as the buyer.

Since then, the Plaintiff paid the purchase price of the instant land with the sale price of the instant G land, and the said I and J completed the registration of ownership transfer for the instant land to Defendant B on August 10, 2005.

E. On December 15, 2005, the Plaintiff entered into a sales contract with Nonparty L on the purchase price of KRW 145 million with the content that the Plaintiff purchases the Plaintiff’s purchase price of KRW 41,00,000,000 from the Busan Jin-gu, Busan and three parcels of land (hereinafter “N of this case”). Defendant C entered into a sales contract with Nonparty L as the purchaser.

Since then, the Plaintiff paid the purchase price for the instant N building with the sale price for the instant G land, and on December 26, 2005, the said L completed the registration of ownership transfer for the instant N building based on the said sale to Defendant C.

F. On June 14, 2010, Defendant C filed for the registration of ownership transfer on the ground of sale as of May 24, 2010 with Defendant B concerning the N of this case.