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(영문) 대전지방법원 2015.07.02 2014가단46898

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. On August 20, 2002, the Plaintiff entered into a sales contract with Nonparty D (hereinafter “the deceased”) to purchase the land and the second floor buildings owned by the deceased for KRW 100 million (hereinafter “instant sales contract”).

In the indication column of the real estate in the relevant sales contract, it was written as "152 square meters in Seo-gu, Daejeon, and 112.34 square meters in building."

B. On the same day, the Plaintiff paid the deceased the down payment of KRW 10 million, the intermediate payment of KRW 50 million on September 24, 2002, and the remainder of KRW 40 million on October 18, 2002 (the partial deduction of the lease deposit).

The Deceased completed the extension registration on August 29, 2002 by extending the second floor of the above building.

C. On October 20, 2002, the Plaintiff and the Deceased re-established a sales contract with the purchase price of KRW 48 million. The indication column of real estate in the sales contract includes “2 square meters from the Seo-gu, Daejeon, Seo-gu, 152 square meters, the above ground brick and cement brick slurbrode, 2nd floor of the housing, 68 square meters from the first floor, 2nd floor 59.01 square meters from the second floor slurbrode, 12.35 square meters from the underground roof of reinforced concrete structure, 12.9 square meters from the cement brick slurbrode, and 0.9 square meters from the cement brick slurbrode,” and accordingly, the Plaintiff completed the registration of ownership transfer on the above site and its ground on November 1, 2002.

On the other hand, on September 13, 1984, Nonparty F completed the registration of ownership transfer on the land of 165 square meters in Seo-gu Daejeon, Seo-gu, Daejeon, and newly constructed two-story buildings on that land and completed the registration of ownership preservation on December 22, 1984.

After that, on January 12, 1985, the deceased completed the registration of transfer of ownership based on sale and purchase of the above E miscellaneous land and its ground buildings.

After that, on December 21, 1993, the land category of 13 square meters in the E miscellaneous land was divided into 165 square meters in the above E miscellaneous land, and on December 22, 1993, the remaining land category of 152 square meters in the above E miscellaneous land was changed into a site after the division as above and below.