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(영문) 수원지방법원 2017.01.20 2015나44257

소유권이전등기 등

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1. Of the judgment of the first instance court, the part against Defendant C, D, E, F, G, and H is revoked and the Plaintiff’s defendant C, D, E, F, G, and H are related to the Plaintiff.

Reasons

1. Basic facts

A. On January 31, 1983, the Plaintiff concluded a sales contract with the Deceased to purchase the instant land at KRW 12,775,000 (hereinafter “instant sales contract”). The Plaintiff concluded a sales contract with the Deceased for purchase of KRW 12,775,00 (hereinafter “instant land”).

B. On March 4, 1983, Defendant B, the Plaintiff’s birth, completed the registration of Suwon District Court’s Eunpyeong Housing Site Costs and the registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) on March 22, 1983, under the receipt of No. 9235 on March 22, 1983.

C. The Deceased died on April 6, 1986, and the Defendant D, E, F, G, H, and I (hereinafter “Defendant C, etc.”) who is the deceased’s spouse, succeeded to the deceased’s property by shares listed in the attached list No. 2.

On August 6, 2015, the instant land was combined with 3,349 square meters by means of a disposition of replotting in accordance with the agricultural infrastructure improvement project, and was replaced with the land (6,044 square meters in Pyeongtaek-si M) listed in attached Table 1.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim against Defendant C, D, E, F, G, H, and I

A. The Plaintiff’s assertion 1 of the parties concluded a contract with the Deceased on January 31, 1983 to purchase the instant land, and the Plaintiff demanded the Deceased to complete the registration of ownership transfer pursuant to the title trust agreement between the Defendant B and the deceased pursuant to the above sales contract, and completed the registration of ownership transfer.

Therefore, the registration of transfer of ownership in the name of Defendant B is null and void in accordance with the Act on the Registration of Real Estate under Actual Titleholder’s Name. Since the sales contract between the Plaintiff and the Deceased still remains valid, Defendant C, etc., who is the inheritor of the Deceased, pursuant to the instant sales contract for the instant