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(영문) 창원지방법원진주지원 2015.10.06 2014가단35156

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. On February 20, 1989, Nonparty D and E (hereinafter “D, etc.”) entered into a sales contract with Nonparty F to purchase each land (total seven parcels) listed in the separate sheet (total amount of KRW 89 million per square year) including the instant land from Nonparty F (hereinafter “instant sales contract”) and agreed to pay the down payment of KRW 10 million on the date of the contract, the intermediate payment of KRW 30 million on March 10, 1989, and the remainder of KRW 49 million on March 31, 1989.

B. However, at the time of the above sales contract, there were only one grave on the land specified in Paragraph (1) in the separate list at the time of the above sales contract, and had not been aware of the accurate size of the subject matter of sale, the above sales contract included the following: “The size of the grave is approximately 4500 square meters, KRW 89 million,” and “the average price shall be increased or decreased depending on the increase or decrease in the horizontal value at the time of the remainder.”

C. F was paid KRW 85,340,000 on the day of the instant sales contract with the instant purchase price, KRW 30 million as an intermediate payment, and KRW 45,340,000 on April 20, 1989.

D, etc. completed the registration of ownership transfer on April 21, 1989 by one half of each of the lands listed in the separate sheet.

E. D’s death on June 26, 2008, the registration of ownership transfer was completed in the name of G on the grounds of inheritance due to a consultation division with respect to D’s shares among the real estate listed in the separate sheet, and E’s death on May 21, 2010, the registration of ownership transfer was completed in the name of the Plaintiff on the grounds of inheritance due to consultation division with respect to E’s shares among the real estate listed in the separate sheet.

F. On July 10, 2014, the Plaintiff purchased G’s shares from G from July 10, 2014, and completed the registration of ownership transfer under the name of the Plaintiff on August 22, 2014.

G. Meanwhile, the instant land was the land assessed against H on September 30, 1913, and the F made a registration of preservation of ownership in the name of F on May 23, 1994, but was believed on February 16, 2004.