소유권이전등기
1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On March 6, 1981, with respect to the land of 602 square meters in Gyeong-gun, Gyeong-gun, Chungcheongnam-do (hereinafter “instant land”), the registration of ownership transfer in the name of the Defendant was completed on December 22, 1998, respectively. < Amended by Act No. 5531, Feb. 9, 1998; Act No. 5537, Dec. 22, 1998>
B. On November 20, 1996, the Plaintiff entered into a sales contract with the Defendant to purchase the instant land from the Defendant (hereinafter “instant sales contract”).
C. As of the date of the closing of argument in the instant case, two pop-up trees owned by the Plaintiff are planted on the instant land.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, Eul evidence No. 11, the purport of the whole pleadings
2. Determination on the main claim
A. According to the above facts, the defendant is obligated to implement the registration procedure for transfer of ownership on November 20, 1996 with respect to the land of this case to the plaintiff according to the sales contract of this case, unless there are special circumstances.
B. As to this, the Defendant asserts that the Plaintiff’s claim for ownership transfer registration under the instant sales contract has expired by prescription.
The Plaintiff filed the instant lawsuit on April 8, 2016, after the lapse of ten years from November 20, 1996 when the Plaintiff entered into the instant sales contract. As such, the Plaintiff’s right to claim for ownership transfer registration under the instant sales contract expired.
I would like to say.
Therefore, the defendant's above assertion is justified.
C. As to this, the Plaintiff continued to occupy the instant land by cultivating the instant land as dry field and laying pipes for draining water, etc., which was immediately used as dry field after the instant sales contract was concluded, and continuously occupying the instant land by planting trees and cultivating vegetables. As such, the Plaintiff’s extinctive prescription of the right to claim ownership transfer registration under the instant sales contract does not run.