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(영문) 대전지방법원서산지원 2014.12.12 2013가단7907

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. Each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”) is currently owned by the title holder on the register, Nonparty I.

B. The net I died on January 30, 2013, and the Defendants are the heir of the network I, and the Plaintiff was in de facto marital relationship with the network I.

C. The content of the trade reservation made on May 27, 2005 between the Plaintiff and the network I is as follows:

(hereinafter referred to as “instant reservation”) . 1. I promised to sell to the Plaintiff 11/16 shares in 15,00,000 of the price for each real estate of this case, and consent of the Plaintiff.

2. The date of the completion of the sale and purchase agreement as of June 15, 2005 shall be the date of the completion of the sale and purchase agreement, and the completion date shall be deemed to have been naturally concluded even without the plaintiff's declaration of intent to complete the sale and purchase agreement.

3. When the sale and purchase has been completed pursuant to Article 2, a sales contract between the Plaintiff and I for the said real estate shall be concluded, and I shall receive the price under Article 1 from the Plaintiff and, at the same time, implement the procedures for ownership transfer registration due to the sale and purchase of the said real estate to the Plaintiff and deliver and order

4. The plaintiff shall pay 5,00,000 won on the date of the reservation to I as the deposit money of this reservation, and the amount shall be deducted from the price set forth in Article 1.

5. I, upon the conclusion of this reservation, will implement the provisional registration procedure for the preservation of the right to claim transfer of ownership by means of trade reservation against the Plaintiff with respect to the above real estate.

With respect to the share 11/16 of each of the instant real estate, the Daejeon District Court's Taean registry office of Taean on May 30, 2005 received on May 30, 2005, the provisional registration of the right to claim ownership transfer under the Plaintiff's name (hereinafter "provisional registration of this case") was completed.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 2 (including each number for a case with a serial number) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion lies in most of the proceeds from the sale of the Judio owned by the Plaintiff.