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(영문) 수원지방법원 2018.01.17 2017가단13959

부동산소유권이전이행강제명령

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1. Of the instant lawsuit, the part of the lawsuit demanding the cancellation of the registration of transfer of ownership among the ancillary claims was dismissed;

(c) 2.2.

Reasons

1. Basic facts

A. On November 20, 1989, a real estate sales contract with a seller of KRW 38,496,00 as to each parcel of land listed in the separate sheet as of November 20, 1989, and a real estate sales contract with a seller of KRW 38,49,00, and four other parties

B. On the date of the above contract, 3.85 million won of the down payment was paid in each of the intermediate payment of 15 million won on December 10, 1989, and the receipts of the said amount were prepared, respectively. On January 31, 1990, the Plaintiff remitted the remainder to the Defendant 18.5 million won.

C. Since then, each land listed in the separate sheet was transferred as follows:

1) On February 8, 1990 regarding the land listed in the annexed list Nos. 1, 1990, the Plaintiff’s former wife D completed the registration of ownership transfer for reasons of sale as of January 19, 190. On May 6, 2004, Nonparty E and F completed the registration of ownership transfer for each land listed in the annexed list Nos. 2 and 3 as of April 3, 2004, respectively. (2) on February 8, 1990, Nonparty G completed the registration of ownership transfer for reasons of sale as of February 1, 1990, and on March 21, 1996, for each land listed in the annexed list Nos. 2 and 3 as of February 1, 1990. < Amended by Presidential Decree No. 18517, May 6, 2004; Presidential Decree No. 17080, Dec. 21, 2005>

3) With respect to the land listed in the separate list No. 4, G completed the registration of ownership transfer based on sale on January 29, 1990. D on March 21, 1996 completed the registration of ownership transfer based on the cancellation of title trust as of December 7, 1995. The registration of ownership transfer was completed on May 6, 2004 by E and F on April 3, 2004. (4) The registration of ownership transfer was completed on each land listed in the separate list No. 5 and No. 6 on June 26, 1990 by G on June 22, 1990, all co-owners completed the registration of ownership transfer due to sale on June 22, 199, by reason of the sale on June 21, 199, by reason of the F.D. on March 21, 1996, each of them completed the registration of ownership transfer due to the sale on June 4, 2005.

[Ground of recognition] There is no dispute, A 1~3.