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(영문) 대구지방법원 2015.09.25 2014가단44311

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A. Around September 4, 2008, the Plaintiff and the Defendant’s father entered into a sales contract on four lots of land, including the size of 1091 square meters in Cheongdo-gun, Cheongbuk-do-gun, G (hereinafter “instant sales contract”). At the time of the sale, the part of the land, among the land subject to the sale, the Plaintiff’s wife’s wife, was excluded from the sale.

B. At the time of the sales contract of this case, the above D obtained money from the Korea Rural Community & Agricultural Corporation and decided to purchase the above land, and completed the registration of ownership transfer in the name of the Korea Rural Community & Agricultural Corporation on October 21, 2008 for the above land. On October 28, 2008, the Defendant completed the registration of ownership transfer in the name of the Defendant on October 28, 2008 with respect to the Korea Rural Community & Agricultural Corporation and the registration of ownership transfer in the name of the Defendant

C. After completing the registration of ownership transfer as above, the Plaintiff, who was the author of the lawsuit that the Defendant sold the above land to another person, demanded the registration of ownership transfer for the land excluded from the sale subject to the said D’s purchase and sale, and on February 2, 2014, the said D’s name was written as the Defendant’s agent and affixed his seal to the part of the oxygen, excluded from the sale subject to the sale subject to the purchase and sale at 1091 square meters from Cheongdo-gun, Cheongdo-gun, Do-gun, Do-gun, which was around February 2014.

On June 30, 2014, the Plaintiff conducted a divisional survey dividing 123 of the G land with the consent of the above D around June 30, 2014.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4 and the purport of the whole pleadings

2. Judgment on the assertion

A. The Plaintiff and the Defendant asserted that the Defendant, who was said D and their children, agreed to transfer the funeral portion of the said G G land to 123: (a) and (b) agreed to jointly carry out a partition survey at the expense.