beta
(영문) 대구지방법원서부지원 2019.06.04 2018가단63287

소유권이전등기

Text

1. The Defendant indicated in the attached Form No. 8, 9, 10, 11, 12, 13, 14, 15, among the area of 1,68 square meters in the Gyeong-gun, Seongbuk-gun, Seongbuk-gun, Seongbuk-gun, the Plaintiff.

Reasons

Basic Facts

E (Death on January 19, 2015) completed the registration of ownership transfer on April 11, 1963 with respect to the land of 1,668 square meters (hereinafter referred to as “C land”) from the Sung-gun, Sung-gun, Sung-gun, Sung-gun, Sung-gun, for the reason of sale on March 14, 1963. The Plaintiff completed the registration of ownership transfer on the same land on October 21, 2016 on the ground of inheritance by an agreement division as of January 19, 2015.

F and G completed the registration of ownership transfer on October 21, 2016 with respect to land C by reason of sale on October 12, 2016.

D. D. D., 955 square meters (hereinafter “D land”) is adjacent to C’s land, and the Defendant completed the registration of ownership transfer on September 5, 198, on the ground that D land was sold on August 24, 198.

On October 6, 2016, the Defendant agreed with F and F, the Plaintiff’s agent, to exchange part 20 square meters (hereinafter “land exchange agreement”) in order to connect each point of 8,9,10,11, 12, 13, 14, 15, and 8 of the attached drawings among the land in C, and part 5 square meters (hereinafter “third”), among the land in D, in order to exchange each point of 1,2, 3, 4, 5, 6, 7, 8, 16, 17, 17, 18, 19, 20, 21, 22, 23, and 1 of the attached drawings among the land in D (hereinafter “land exchange agreement”), and drafted a land exchange agreement (hereinafter “land exchange agreement”).

[Ground of recognition] Fact-finding without dispute, Gap evidence Nos. 1 through 5 (including the number of each branch number), and the judgment of the court as to the cause of claim as a whole of the pleadings, barring any special circumstance, the defendant is obligated to carry out the registration procedure for transfer of ownership based on the exchange agreement of this case from the plaintiff as to the land, and to carry out the registration procedure for transfer of ownership based on the above exchange agreement with the plaintiff as to the land.

The defendant's assertion is based on the facts of death of E or ground water set up under the ground of land C at the time when F, the plaintiff's agent, proposed the instant exchange agreement to the defendant.