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(영문) 대전지방법원 2018.01.17 2016가합107312

소유권이전등기

Text

1. The Defendant made the Plaintiff a payment agreement on February 14, 2010 with respect to the area of 2,504 square meters prior to Daejeon Seodong-gu C.

Reasons

1. Basic facts

A. The defendant is the defendant's second citizen. The defendant is the defendant's assistant officers of the Class D (J) and E (J). The plaintiff is the second citizen.

B. On May 3, 1976, E purchased 4,255 square meters (hereinafter “G”) prior to the Seo-gu Daejeon, Daejeon on May 3, 1976, and the said land cannot complete the registration of ownership transfer under the name of the said clan as farmland. On May 4, 1976, the Defendant, H, and I, each of 1/3 shares of the said clan, shall be completed.

C. On December 5, 1989, the Category D purchased 2,504 square meters prior to Daejeon Seo-gu Daejeon (hereinafter “instant land”) and completed the registration of ownership transfer on December 19, 1989.

On September 20, 2004, the Defendant purchased G from the Class E in the purchase price of KRW 655,600,000, and from the Class D in the purchase price of KRW 212,840,000 from the Class D in the purchase price, respectively, and borrowed from the Plaintiff KRW 170,000 on October 13, 2004, and KRW 10,000,000 on July 25, 2005.

E. On February 14, 2010, the Defendant agreed to transfer the ownership of the instant land to the Plaintiff, instead of paying the said loan amount of KRW 270,000,000,000. On September 8, 2014, the Defendant prepared a written confirmation of the same content and issued it to the Plaintiff.

【Fact-finding without a dispute over the ground for recognition, entries in Gap's evidence 1 through 5 (including provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. According to the above facts, barring special circumstances, the Defendant is obligated to implement the registration procedure for ownership transfer on February 14, 2010 with respect to the land of this case to the Plaintiff on the ground of an agreement for payment in kind.

B. As to the judgment on the Defendant’s assertion, the Defendant agreed to transfer the ownership of the instant land on the condition that the Plaintiff obtained the consent of other siblings, and the Plaintiff cannot respond to the Plaintiff’s claim without the consent of all other siblings. However, according to the purport of the written evidence Nos. 1 and 6 and the entire oral argument, the Defendant is sentenced to the Plaintiff’s imprisonment with prison labor.