소유권이전등기
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff’s husband (hereinafter “the deceased”) owned each real estate listed in the separate sheet (hereinafter “instant land”). However, the Korea Rural Community Corporation (hereinafter “Korea Rural Community Corporation”) completed the registration of transfer of ownership on July 8, 1994 for the instant land on the ground of sale on June 13, 1994, and the Defendant completed the registration of transfer of ownership on July 8, 1994 for the instant land on the ground of sale on June 20, 194.
B. On July 8, 1994, the procedure for the registration of ownership transfer was completed under the name of the defendant on the land of this case because the deceased and the defendant actually purchased the land to cultivate the above land, but the sales contract was concluded between the deceased and the defendant to purchase the land of this case as the defendant and the defendant to purchase the above land of 19,947,60 won from the rural Corporation.
Accordingly, the Deceased repaid the purchase price to the Rural Corporation by June 5, 2007.
C. On the other hand, on November 30, 1994, the Deceased and the Defendant drafted a sales contract stating that the Defendant would sell the instant land to the Deceased in KRW 19,947,600 (hereinafter “the first sales contract”). On June 12, 2007, a transfer of the Deceased’s death, the Defendant was the seller, and the Plaintiff was the buyer, and the Defendant sold the instant land to the Plaintiff in KRW 38,43,000 (hereinafter “the second sales contract”).
The Deceased occupied the above land from the purchase of the instant land under the name of the Defendant to the death of the deceased, and as the Deceased died, the Plaintiff succeeded to the possession of the deceased and came to the end of the pleadings of this case.
[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 6, and 9 (including each number), the whole purport of the pleading [the defendant] and Gap evidence No. 1 (the second sales contract was not prepared between the plaintiff and the plaintiff;