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(영문) 서울고등법원 2019.07.18 2018나2052892
소유권이전등기
Text

1. According to the claim that was changed in exchange in this court, the defendant is the defendant's branch court of Changwon District Court.

Reasons

1. Basic facts

A. On September 8, 1981, the Defendant’s Intervenor’s Defendant’s deceased on November 15, 1981, purchased real estate (N apartmentO; hereinafter “N apartment E”) as indicated in the separate sheet from the Defendant, and died on November 15, 1981.

B. However, as a broker of G operating real estate brokerage business as of September 11, 1981, before the deceased died, a sales contract (A evidence No. 1-2, hereinafter “the sales contract of this case”) is prepared to sell the apartment of this case to the Plaintiff at KRW 2,00,000 in the purchase price.

C. As to the instant apartment after the Defendant completed the registration of ownership preservation on June 28, 1982, when there was no change in ownership on the real estate register, the FHousing Reconstruction and Improvement Project Association (hereinafter “the instant reconstruction association”) was sentenced to a judgment on August 29, 2017, which became final and conclusive on August 29, 2017, by filing a lawsuit demanding the performance of the claim for sale transfer registration against the Defendant for the claim for sale transfer registration under Article 39 of the former Act on the Maintenance and Improvement of Urban Areas and Dwelling Conditions for Residents (wholly amended by Act No. 14567, Feb. 8, 2017; hereinafter the same shall apply) and Article 48 of the Act on the Ownership and Management of Aggregate Buildings.

(Seoul District Court 2013Gahap100847, Seoul High Court 2016Na2070391, Supreme Court 2017Da233122). D.

The instant reconstruction association deposited KRW 1,058,754,740, including the purchase price of the instant apartment as KRW 510,000,000 for the purchase price of the instant apartment from the Changwon District Court in September 13, 2017, which was KRW 1510,000,00 for the purchase price for the instant apartment as well as other real estate subject to the said judgment (i.e., the instant apartment purchase price corresponding to the instant apartment sales price), and the Defendant on September 27, 2017.

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