소유권이전등기청구권 시효소멸 확인청구
1. According to the claim of the principal lawsuit that the court changed to an exchange in this court, the Defendant (Counterclaim Plaintiff) against the Plaintiff (Counterclaim Defendant).
1. Basic facts
A. On August 20, 2004, E sold KRW 1323 square meters of Dori (hereinafter “the instant forest”) (hereinafter “instant forest”) to the Defendant on August 20, 2004, in the amount of KRW 480,000,000,000,000 for KRW 1,323 square meters of Dori-si (hereinafter “Yri-si Hadong” due to the administrative district change on July 26, 201). The sales contract was concluded on September 9, 2004 with the content that the intermediate payment of KRW 170,000,000 was to be paid on October 12, 2004 (hereinafter “the instant sales contract”).
B. On August 26, 2009, the instant forest was divided into D Forest 2,286 square meters (hereinafter “the instant forest after the instant division”) and 199 square meters of I Forest. At that time, I Forest was expropriated in the Korea Land Development Corporation. The instant forest included 87 square meters of land, which is the subject of the instant sales contract, among 1,323 square meters of land.
C. Thereafter, E died on November 23, 2010. The Plaintiff, the wife of E, after the instant division, agreed to inherit the remaining 1,236 square meters of forest land subject to the instant sales contract, and the remaining 1,050 square meters of forest land E, respectively. On January 6, 2011, after the instant division due to inheritance by agreement division, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff for the remaining 2,286 square meters of forest land, and for the remaining 1,050 square meters of forest land under the name of the Plaintiff for the remaining 2,286 square meters.
The forest of this case was designated as a land transaction permission zone on May 20, 2003, and the designation was cancelled on May 24, 2013.
E. Meanwhile, E’s heir had K, who is his/her father, not the Plaintiff, and A, but also his/her father. On May 17, 2017, A and K transferred their respective shares of inheritance to the Plaintiff among the instant sales price claim against the Defendant of E, and notified the Defendant of the fact around that time.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 5, 12 (including each number; hereinafter the same shall apply), Eul evidence 1 to 6, the purport of the whole pleadings
2. Determination as to the principal lawsuit and the counterclaim
A. The Defendant’s sales contract of this case to E under the sales contract of this case.