beta
(영문) 창원지방법원마산지원 2016.05.27 2015가합45

소유권이전등기

Text

1. The defendant is based on the sale on April 30, 1978 with respect to each real estate listed in the separate sheet to the plaintiff.

Reasons

1. Indication of claim;

A. On April 30, 1978, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “instant real estate”) from the Defendant from the Defendant in the amount of KRW 5,200,000,000, and thereafter possessed each of the said real estate until the date after paying the purchase price to the Defendant on the same day. However, the Defendant did not comply with the procedure for the registration of

B. Therefore, the Defendant is liable to implement the registration procedure for transfer of ownership on April 30, 1978 with respect to the instant real estate to the Plaintiff.

C. Even if the fact of sale is not recognized, the Plaintiff continued to possess the instant real estate with its intention to own it in peace and openly from April 30, 1978, and thus, the Plaintiff seeks preliminary implementation of the procedure for registration of transfer of ownership due to the completion of the prescriptive acquisition on April 30, 1998.

2. Article 208 (3) 2 of the Civil Procedure Act (in a case where the applicable provisions of Acts are deemed to exist);