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(영문) 청주지방법원충주지원 2019.11.27 2019가단22749
소유권이전등기
Text

1. The Plaintiff:

A. As to Defendant B’s 51 square meters prior to Chungcheong City D:

B. As to the 99 levels of forest land E in Chungcheongnam-si.

Reasons

1. Basic facts

A. On February 20, 1959, the transfer registration of ownership in the name of the deceased F (hereinafter “the deceased”) was completed on the ground of the completion of repayment on December 31, 1955 with respect to the land No. 51 square meters (hereinafter “the land No. 1”) and 99 square meters (hereinafter “the land No. 2”). The deceased succeeded to the deceased Australia on October 5, 1952, following the death of the deceased G on December 5, 1952.

B. On November 3, 2012, the Plaintiff entered into a sales contract with the Deceased to purchase each of the instant lands from the Deceased for the total purchase cost of KRW 3 million (hereinafter “instant sales contract”). On November 10, 2012, the Plaintiff paid KRW 3 million to the Deceased for the purchase price under the instant sales contract.

C. However, with respect to each of the instant lands, the ownership transfer registration was completed in the name of the deceased G. However, even if it was confirmed that the deceased died on October 5, 1952 on the transcript of the real estate register and the land cadastre, the deceased’s application for ownership transfer registration based on the deceased’s inheritance on each of the instant lands was rejected on the ground that it was confirmed that the ownership was acquired on February 20, 1959 and that the deceased’s identity was not verified.

On March 15, 2013, the Plaintiff and the Deceased prepared a certificate of No. 536 of Ministry of Justice No. 2013, 2013, including the preparation of a notary public belonging to H, to the Plaintiff in order to cooperate with the Plaintiff in performing the registration of ownership transfer pursuant to the instant sales contract.

E. After June 21, 2018, the Deceased died, and the Defendants were the inheritors of the Deceased, and on March 15, 2019, the Defendants completed the registration of ownership transfer based on inheritance due to each consultation division under the name of Defendant B as to the land No. 1 in the name of Defendant B, and as to the land No. 2 in the name of Defendant C.

[Ground of Recognition] Facts without dispute, Gap evidence 2 to 6, Eul 2.

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