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(영문) 전주지방법원 2014.08.28 2013가단36349

소유권이전등기 및 손해배상

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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The primary claim and the conjunctive claim shall also be considered together.

1. Basic facts

A. On October 10, 1969, E and representative class descendants F determined to G on October 10, 1969 as KRW 150,000,000,000,000,000,000,0000,000,000,000,000,0000,000,000,000,000,000,000,000,000

B. After the death of the spouse I first, G died on July 12, 2007, and his/her child has J, the Plaintiff, K, L, M, N, andO.

C. Around March 1914, the name of P was the same as that of the Jeonbuk-gun, Jeonbuk-gun (hereinafter “C land”). On July 17, 1925, Qu-gun (Seoul-do R) transferred ownership. On December 11, 1979, registration of ownership preservation was completed in the Defendant’s name.

On October 31, 1978, three square meters (hereinafter referred to as "D land") in Jeon-gun, Jeonbuk-gun is divided into C land on October 31, 1978, and registration of preservation of ownership has been made in the name of the defendant on December 11, 1979.

E. The defendant's increaseed P. A. A. R. Q. his father is F.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 11, 12, purport of the whole pleadings

2. Determination as to whether a sales contract for 261 square meters and D land among C land exists

A. The Plaintiff’s assertion F and G made a sales contract for the land of 261 square meters and D among the land in C. The Defendant, who is the heir of F, is obligated to implement the procedures for the registration of ownership transfer for each of the above land to the Plaintiff, who is the heir of G.

B. In light of the respective descriptions of the evidence Nos. 1 and 2, the Plaintiff, among the land C, did not specify which portion constitutes a part of the land of 261 square meters among the land of 261 square meters.

The Plaintiff’s assertion that is premised on a sales contract between F and G is insufficient to recognize that there was a sales contract between F and G with respect to land and there is no other evidence to acknowledge this differently.

3. Of C land, 261 square meters and D.