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(영문) 춘천지방법원영월지원 2020.06.10 2018가단11287

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. In addition, the Plaintiff was the owner of the F Co., Ltd. (hereinafter referred to as “F”) in the name of KRW 48 square meters and KRW 184.8 square meters in a building register (hereinafter referred to as “building of this case” in common name).

B. Since then, the Defendant filed a lawsuit against F for the registration of ownership transfer against F on the ground of the completion of the prescription period for the acquisition of possession under the Youngcheon District Court’s Young-gu Branch 2017No358, and was awarded a favorable judgment on November 29, 2017, and the said judgment became final and conclusive as it is.

Accordingly, on January 30, 2018, the Defendant completed the registration of ownership preservation in F name by subrogation on the instant building, and completed the registration of ownership transfer in the name of the Defendant on the ground of extinctive prescription acquisition on July 27, 2011 by judgment.

C. On October 15, 2015, the Defendant’s husband C concluded a sales contract with G on the following terms (hereinafter “instant first sales contract”).

1. A Do stable and a housing area of 184.8 square meters in the area of a site in the site area of land D (which is located in the building in the current H) land and other land ownership ratio, which is located in the river site where the place of indication of real estate is located;

2. The sales amount of KRW 15,000,000 as the down payment of KRW 6,000 shall be paid at the time of the contract and the intermediate payment of KRW 4,000,000 shall be paid on November 27, 2015.

Balance 5,000,000 won shall be paid on December 23, 2015

(hereinafter omitted)

D. On August 29, 2017, G concluded a sales contract between the buyer and the Plaintiff (hereinafter “instant second sales contract”) with the following terms (hereinafter “instant sales contract”).

1. A stable with a stone shed for water use and a 184.8 square meters on the surface of a house, which is located within a site of a site in the area where the place of the indication of real estate was located, where the land was located, and there is no other face-to-land surface in the area of land D (I) (I) land or other surface;

2. Sales amount of KRW 50,000,000 down payment of KRW 20,000 is paid at the time of the contract and received 30,000.