소유권이전등기
1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.
2. After an appeal is filed.
1. Judgment as to the main claim
A. On April 4, 1983, the Plaintiff’s father D (hereinafter “the deceased”) purchased from the Defendant the entire 1,755 square meters (hereinafter “instant land”) for KRW 300,000 on the summary of the allegation.
The Deceased occupied and used the instant land from around that time, and died on January 2, 2010.
The Plaintiff received inheritance of the instant land by agreement division.
Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership on the land of this case to the plaintiff on April 4, 1983.
B. Although the Defendant is a person who received KRW 300,00 from the Deceased, it is insufficient to acknowledge that the Deceased purchased the land of this case from the Defendant on April 4, 1983 only on the basis of the following facts: Gap evidence 1, Eul evidence 1, and Eul evidence 11 (including each number number; hereinafter the same shall apply); some testimonys of the witness F of this court; the Plaintiff’s part of the witness of this court; the result of this court’s examination of the Plaintiff, and the whole purport of the pleadings in the result of this court’s examination of the Defendant, and in light of the following facts, it is insufficient to acknowledge that the Defendant purchased the land of this case from the Defendant on April 4, 1983.
The plaintiff's primary claim is without merit.
① The Deceased used the instant land with the permission of the Defendant since the mid-1970s, and the Defendant completed the registration of ownership preservation on the instant land in accordance with the former Act on Special Measures for the Registration, etc. of Ownership Transfer on July 7, 1981 (No. 3094).
There is no sales contract, etc. made between the deceased and the defendant as to the land of this case, and the deceased transferred the registration of transfer by the contract of transfer, or did not complete the registration of transfer by the Act on Special Measures for the Registration of Real Estate.
② The Defendant is the deceased.