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(영문) 울산지방법원 2019.11.19 2019가단8503

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The parties' assertion

A. On May 20, 2005, Plaintiffs E and F purchased each 1/2 share of G forest G 66,645 square meters from the Defendant in Yangsan-si (hereinafter “instant sales contract”). The Plaintiffs are the heir of E who died on October 8, 2015.

Since the Defendant received all sales proceeds, it is obligated to implement the registration procedure for ownership transfer on the real estate listed in the separate sheet No. 1 (hereinafter referred to as “instant real estate”) for each inheritance share listed in the separate sheet No. 2 for each of the inheritance shares listed in the separate sheet No. 205. 2005.

B. The Defendant’s right to claim ownership transfer registration of the instant real estate expired by prescription.

2. The claim for ownership transfer registration based on the judgment sales contract is an obligatory claim and the extinctive prescription is completed if it is not exercised for ten years (Article 162 of the Civil Act), but there is no evidence to acknowledge the plaintiffs' right to claim based on a claim based on a real right. According to the records in the evidence No. 1, it can be recognized that the remainder date under the sales contract of this case is June 20, 2005. The fact that the plaintiff filed the lawsuit of this case on July 5, 2019 after the expiration of ten years from the remainder date is apparent in the records, even if the plaintiff paid the purchase price in full, so the claim for ownership transfer registration based on the sales contract of this case was extinguished by prescription.

The Plaintiffs asserted that the Defendant agreed to implement the procedure for the registration of ownership transfer to the Plaintiff on October 16, 2018, while indirectly occupying the instant real estate through the Defendant, and demanded the registration of ownership transfer to the Defendants from time to time. However, the evidence submitted alone is insufficient to deem that there was a juristic act for indirect possession of the instant real estate between E and the Defendant, and that the registration of ownership transfer was completed in the name of E to avoid the transfer income tax.

참조조문