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(영문) 의정부지방법원고양지원 2019.02.14 2018가단89790

소유권이전등기

Text

1. The plaintiff (appointed)'s claim is dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. On May 5, 1971, the transfer registration of ownership was completed under D’s name with respect to the forest land of this case. On March 27, 1979, E, a child of this case, completed the provisional registration of this case on March 21, 1979, on the ground of trade reservation (hereinafter “the instant reservation”).

B. After D’s death, E completed the registration of ownership transfer (hereinafter “the registration of ownership transfer of this case”) on the ground of inheritance on February 4, 1982 pursuant to the Act on Special Measures for the Registration, etc. of Real Estate Ownership (amended by Act No. 4502, Nov. 30, 1992; hereinafter “the former Act”) with respect to the forest of this case from January 1, 1993 to December 31, 1994.

C. After that, the instant forest was transferred the ownership to F on March 7, 1997 due to the successful bid as of January 16, 1997, and the ownership was transferred to G on April 26, 2003 due to the sale as of April 18, 2003, and the ownership was transferred to H on January 22, 2015 due to the sale as of January 20, 2015.

In addition, on December 23, 2010, with respect to the forest land of this case, the registration of creation of a superficies with the duration of 30 years on December 24, 2010 (JJssss) was completed, respectively. < Amended by Act No. 1090, Dec. 23, 2010>

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff (Appointed) and the designated parties, the co-inheritors of the alleged E (the death of June 29, 1998), in the instant purchase and sale agreement, have not been paid the amount equivalent to the agreed damages amounting to KRW 950,000,000,000 from the network E until June 21, 1979, the next purchase and sale agreement was concluded without a separate declaration of intent to complete the purchase and sale agreement. The plaintiff (Appointed) and the designated parties asserted that the said money was not paid until the date, and that the said promise was completed for the said temporary sale agreement, and raised objection as to the defendant's share in the forest of this case among the forest of this case.