소유권이전등기
1. The plaintiff's primary claim and conjunctive claim are dismissed, respectively.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendant completed the registration of ownership preservation on February 12, 1980 with respect to D Apartment E (hereinafter “instant apartment”) located in Busan Northern-gu, Busan, and sold the said apartment to Nonparty F in the price of KRW 5,301,00 on January 29, 1982, and thereafter, the name of the buyer was changed to Nonparty B.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. (1) On June 2, 1984, the Plaintiff acquired the right to sell the apartment of this case from B and paid the sales price in full.
Thus, the defendant is obligated to implement the registration procedure for transfer of ownership between the plaintiff and B on June 2, 1984 between the plaintiff and B.
(2) The evidence submitted by the Plaintiff, including the statements of Gap evidence Nos. 1 through 5 and 7 (including paper numbers), is insufficient to acknowledge that the plaintiff acquired the right to sell the apartment of this case from Eul on June 2, 1984, so the plaintiff's assertion on this part is not acceptable.
(A) Even if the fact of acquisition by transfer is recognized, it is difficult to see that the defendant's obligation to implement the registration procedure for ownership transfer against the plaintiff.
(1) On June 15, 1984, the plaintiff moved into the apartment of this case and directly occupied the apartment of this case. On January 9, 1994, the plaintiff leased the apartment of this case. Since then, the plaintiff is indirectly occupying the apartment of this case.
Therefore, the prescriptive acquisition of the instant apartment was completed on June 15, 2004 after 20 years from June 15, 1984.
Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on June 15, 2004 for the above apartment to the plaintiff.
(2) According to the facts stated in Gap evidence No. 4, it is recognized that the plaintiff occupied the apartment of this case on June 15, 1984 and transferred on January 9, 1994, but further, it is acknowledged that the plaintiff moved to the apartment of this case on January 9, 199.