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(영문) 청주지방법원 2017.09.28 2016가합21053

소유권이전등기

Text

1. The defendant is against the plaintiff B, the plaintiff B.

(a) On May 30, 2016, each real estate listed in separate sheet Nos. 2 and 3.

Reasons

1. Basic facts

A. The real estate listed in paragraph (1) of the attached Table Nos. 1 and 2 of this case (hereinafter “instant land No. 1”).

(3) On March 14, 1978, Cheongju District Court No. 9316, Mar. 17, 1978, received on March 17, 1978 with respect to the real estate listed in [Attachment List No. 2] (the indication before December 27, 2005: 4,704 square meters prior to D, Chungcheongnam-gun, Chungcheongnam-do; hereinafter “the instant land No. 2”);

It is obvious that the Plaintiff’s entry of the instant claim and the cause of the claim as “3,847 square meters” in the application for the change of claim and the cause of claim is a clerical error of “3,847.5 square meters.”

(2) After February 9, 1989, the provisional registration of the right to claim the transfer registration of ownership in the name of Nonparty E, F, and G was made on the land of this case on the ground of the sale as of December 8, 1997 by the same court No. 16875, Apr. 2, 1998, and each Defendant’s ownership transfer registration was made on the land of this case. The provisional registration of the right to claim the transfer registration of ownership in the name of Nonparty E, F, and G was made on March 16, 1999.

3) Thereafter, the provisional registration of Nonparty E, F, and G name established on the land of this case was cancelled on August 9, 1997. 4) On August 9, 2007, the Defendant entered into a contract with Nonparty H on August 9, 2007 to sell the land of this case to Nonparty H at KRW 197 million (the sale price on the register of the company: KRW 240 million on the register of the company). The provisional registration of the Plaintiff’s title, which was established on the said land, was cancelled on August 13, 2007.

Since then, on March 17, 2008, the registration of ownership transfer was made in the name of H on the land No. 1.

B. On February 10, 1995, the Defendant: (a) on February 10, 1995, the land Nos. 3 and 4 of this case; and (b) on February 10, 1995, the land No. 3 of this case (hereinafter “instant land”).

) The real estate listed in paragraph 4 of the attached list and the attached list (hereinafter “instant land”).

A) On September 30, 2007, the sales contract (Evidence A No. 4; hereinafter “the sales contract of this case”) between the Defendant and the Plaintiff with respect to the land Nos. 3 and 4 of this case, the purchase price of which is KRW 160 million.

2) On the other hand, on the other hand: