소유권이전등기
1. Of the judgment of the court of first instance, the part of the judgment against the plaintiff ordering payment is revoked.
2. The defendant.
1. Basic facts
A. The Defendant is the owner of the Simsan-si C Apartment D (hereinafter “instant real estate”).
In the early 1980s, the deceased on May 7, 2007 and succeeded to the property of I, J, and K, which is his wife, and the deceased's wife, succeeded to the property; hereinafter "the deceased's wife", and H, I, J, and K entered into a contract for sale of the real estate of this case with the defendant around August 30, 198, by entering into a lease agreement with the deceased's wife with respect to the secondary operation of this case.
The sale price of the instant real estate was fully paid around December 2007, but the deceased’s inheritors did not complete the registration of ownership transfer concerning the instant real estate.
B. From October 10, 1983, the Plaintiff completed a move-in report on the instant real estate from around October 10, 1983, and resided therein, and transferred on or around April 4, 2016.
C. On October 2012, FHousing Reconstruction Project Association (hereinafter “instant association”) was established, and the reconstruction project for the instant real estate unit was implemented.
The instant association exercised the Defendant’s right to demand sale under the Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents, and on November 13, 2017, the Defendant was paid KRW 42 million from the instant association, and at the same time, issued a final judgment to transfer the instant real estate to the instant association by implementing the procedure for ownership transfer registration on the ground of sale and purchase as to the instant real estate.
[Attachment High Court Decision 2016Na12668 (hereinafter “instant judgment”). The Defendant received KRW 42 million from the instant association in accordance with the substance of the instant judgment and performed the procedure for the registration of ownership transfer regarding the instant real estate.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 11 (including paper numbers; hereinafter the same shall apply), Eul evidence No. 1, the purport of the whole pleadings
2. The plaintiff and the deceased resided in the real estate of this case in respect of the real estate of this case, and are replaced by the deceased.