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(영문) 대전지방법원공주지원 2020.10.22 2019가단22707
건물인도
Text

1. The Defendants deliver to the Plaintiff the buildings listed in the attached list.

2. The plaintiff's remainder against the defendants.

Reasons

1. Basic facts

A. On September 31, 2009, the network E (hereinafter “the network”) sold the instant building to F KRW 4 million, and F sold each of the instant building to G on October 30, 2014, and H around August 31, 2017, around H sold the instant building to Defendant D with KRW 8 million.

B. Defendant D paid the purchase price to H and received the delivery of the instant building from around that time, and resided in the instant building together with Defendant C.

C. On the other hand, the registration of ownership transfer was completed on September 1, 2008 in the name of the deceased on October 28, 2009, and the registration of ownership transfer was completed on October 27, 2009 in the name of the plaintiff on October 28, 2009, and the registration of ownership transfer was completed on June 23, 2010 in the name of the deceased on June 23, 2010. After the death of the deceased on June 13, 2019, the registration of ownership transfer was completed on the share of 1/4 shares in the building of this case, each of which was inherited on February 20, 2012.

On October 27, 2009, the Plaintiff filed a lawsuit against the deceased’s heir seeking the ownership transfer registration procedure based on the restoration of the real name related to the instant building on the ground that the Plaintiff purchased the instant building from the deceased (this Court Decision 2018Gadan21288), and the Plaintiff’s winning judgment was sentenced and finalized in the instant case, and the registration of ownership transfer was completed on June 13, 2019 based on the restoration of the real name.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. As to the Plaintiff’s assertion, a sales contract concluded between the deceased and F on the instant building is null and void, and a sales contract concluded after this is based also null and void.

The Plaintiff completed the registration of ownership transfer based on the restoration of real name on June 13, 2009, as the true owner of the instant building.

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