소유권이전등기
1. The defendant shall receive KRW 26,500,000 from the plaintiff, and at the same time, shall be 25,488 square meters of Gangwon-gun C Forest land in the plaintiff.
1. Basic facts
A. On March 7, 1992, the Plaintiff and Nonparty D agreed to purchase the instant forest and E forest land of KRW 13,884 square meters from the Defendant for KRW 43,000,000, the down payment of KRW 32,000,000 at the time of the contract, and to pay the remainder of KRW 11,00,000 by April 15, 1992.
(hereinafter “instant trade”). (b)
According to the terms and conditions of the instant sales contract, ① the Plaintiff purchased the forest of this case, and KRW 29,500,000,000 for the purchase price of the forest of this case, and KRW 13,50,000 for the purchase price of the forest of this case; ② KRW 3,000,000 for the down payment of KRW 32,00,000 for the down payment of KRW 32,000,000 for the remainder of KRW 29,000 for the sale price of F apartment 19,000 for the sale price of the forest of this case.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 4 and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of claim, the defendant is obligated to implement the registration procedure for transfer of ownership for the forest land of this case to the plaintiff on March 7, 1992 pursuant to the sales contract of this case, unless there are special circumstances.
3. Judgment on the defense
A. The defendant's defense of extinction of prescription is a defense to the effect that the plaintiff's right to claim for transfer registration of ownership has expired by prescription. As seen earlier, the plaintiff's right to claim transfer registration of ownership was established on March 7, 192, and it is apparent that the plaintiff's lawsuit of this case was filed on May 28, 2014 after the lapse of ten years from the lawsuit of this case. However, according to the evidence No. 1, the plaintiff's claim for transfer registration of ownership on April 12, 1996, the right to claim transfer registration of the forest of this case owned by the defendant as preserved claim on April 12, 1996, the plaintiff can be acknowledged as having received the decision and executed the decision. Accordingly, the above defendant's defense was suspended.
B. The defendant has a simultaneous performance defense.