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(영문) 서울남부지방법원 2015.07.21 2014가단7296

소유권말소등기

Text

1. The Seoul Southern District Court with regard to the building on which the part of exclusive ownership indicated in the attached property is indicated to the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. On March 2, 1998 between the Plaintiff and J, the Plaintiff promised to sell the instant building at KRW 50,000,000,000, and the date of completion of the promise to sell and purchase shall be March 2, 1999; the date of completion of the promise to sell and purchase shall be March 2, 199; even if there is no declaration of intent to complete the promise to sell and purchase at the expiration of the said date, the sale and purchase shall be deemed to have been completed as a matter of course, and the amount shall be paid as the deposit money of this reservation the above KRW 49,00,000 on the date of the reservation, and the amount shall be deducted from the above

‘The reservation was made with the content of trade.”

(b) The same month;

5. As to the instant building owned by the Plaintiff, the provisional registration of the right to claim ownership transfer as stated in Paragraph (1) of the Disposition on March 2, 1998 on the ground of trade reservation (hereinafter the provisional registration of this case) was completed in the name of J.

C. The J died on May 17, 2005.

With respect to the Deceased, Defendant (Appointed Party) B is his wife, Defendant (Appointed Party) C, D, E, and F are his children, Defendant G is the wife of the deceased on February 28, 2001, and Defendant H is the wife of the deceased on February 28, 2001, and Defendant H and I are all the deceased’s heir or substitute heir (hereinafter referred to as “he heir”).

The inheritance shares of these inheritors are 3/13, 3/13, 4/91, 2/13, 6/91, 6/91, 3/91, 4/91, respectively.

[Ground of recognition] Between the Plaintiff and the Defendant (Counterclaim Plaintiff): The non-contentious facts; Gap evidence Nos. 2, 3, Eul evidence Nos. 1, 3, and 4; Gap evidence Nos. 1, 3, and 4; and between the Plaintiff and the Defendants, Article 150(3), 150(1) (i

2. According to the facts stated in Paragraph 1 of the judgment on the main claim, the sales contract for the instant building was concluded between the Plaintiff and the deceased J on March 3, 1999 on the date following the date of completion of the said sales promise, and at the same time, the deceased J acquired the right to claim for ownership transfer registration as the buyer.

However, the buyer did not exercise the above claim at the buyer's end of 10 years after the expiration of the statute of limitations.