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(영문) 대전지방법원 2020.02.12 2019가합101704
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 19, 2004, the land indicated in the purport of the claim was combined with the E, E, 704 square meters, F, 2,655 square meters, G, 615 square meters, and H field 66 square meters on February 19, 2004, prior to the combination of the process of forming the land indicated in the purport of the claim, and was divided into D, 7,114 square meters in Sinju-si on April 12, 2004 (hereinafter “the previous land”). In other words, the land was divided into D, 6,007 square meters in Sinju-si and 1,107 square meters in I return.

Since then, on June 7, 2013, the area of 6,007 square meters in Si-si in Si-si was changed to c. 6,007 square meters in Sejong Special Self-Governing City as a result of the change of administrative jurisdiction.

(hereinafter referred to as “instant land” in total before and after a lot number change

B. In around 193, the Plaintiff entered into an agreement with the Defendant to transfer the ownership of the previous land of this case to the Plaintiff (hereinafter “instant agreement on transfer of ownership”) on the following grounds: (a) the Plaintiff sold the previous land of this case, which was the original Plaintiff’s ownership (the name of J, F. F. F. F., Chungcheongnam-gun, Chungcheongnam-do) and received the payment under the name of the Defendant; and (b) purchased the said land under the name of the Defendant on the condition of installment repayment; and (c) the amount of installment repayment to be paid to the Rural Development Corporation shall be borne by the Plaintiff; and (d) the Plaintiff agreed to transfer the ownership of the previous

2) According to the ownership transfer agreement of this case, the Plaintiff completed the registration of transfer of ownership based on the purchase and sale as of April 2, 1993 to the Rural Development Corporation on May 24, 1993, together with J, and the Defendant on the same day.

3. On May 24, 1993, the Rural Development Corporation completed the registration of creation of a neighboring mortgage on the previous land of this case with the maximum debt amount of 69.8 million won and the debtor as the defendant on the ground of a contract establishing a contract on April 28, 1993.

Then, on July 7, 1994, the Plaintiff registered the creation of a mortgage over the above land with the maximum debt amount of KRW 50 million and the debtor as the defendant on July 5, 1994.

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