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(영문) 서울고등법원 2020.04.08 2020나2006984

소유권이전등기

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1. The part of the judgment of the court of first instance against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. The Plaintiff entered into the instant sales contract around January 20, 1997, sold to L and M for sale KRW 652,745,000, the sales price of Pyeongtaek-si O-si and KRW 492 square meters prior to P, and KRW 10,865 square meters prior to P, which were located within the land transaction permission area at the time (hereinafter “instant real estate”).

(hereinafter referred to as “instant sales contract”). At the time, the sales contract entered into a special agreement stating, “The seller shall issue the documents only in the name of the purchaser in proportion to the number of buyers.”

B. L’s unregistered resale L entered into a contract for the immediate resale of part of the instant real estate as seen below on the date of concluding the instant sales contract without filing an application for land transaction permission.

C. On the date of concluding a criminal judgment related to the date of concluding a trade contract on the other party registry, a parcel number to be shared as a partition of co-owned property as co-owned property is indicated, with the share (10,865) on the date of concluding a contract on the other party registry.

1. On May 21, 1997, SP 628 PP 496 PP 582 on April 30, 1997, 197, and Defendant F 2, on January 27, 1997, T 4, Defendant G 4, on January 20, 1997, T 5 T 5 V 1162 T 6, 505 W 7X 505 on January 30, 197, 197, or the AE 2, 1997, AE 197, AE 197, 197, AE 2, 197, AE 197, 505 W 7W 472 W 8, 1997, AE 197, AE 197, AE 197, AE 197, 197, AE 5, 1997.

On July 11, 1997, the Plaintiff’s share remains 178/10,865 as a result of the registration of transfer of ownership on 492 P 15 July 20, 1997 on 732 P on 1997 July 1, 1997, W 16 AH 16 AH on 505 February 1, 1997, W 17 Defendant B B 10,687 on 2 occasions on 29 January 29, 197.

On May 21, 1997 and July 11, 1997, the Plaintiff, based on L’s unregistered resale, completed the registration of transfer of ownership based on the sale of 10,865 square meters prior to P, as follows:

The following 17 equity right holders are entitled to vote: