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(영문) 청주지방법원충주지원 2019.04.04 2018가단2526
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The instant real estate, such as the registration relationship, was 3,511 square meters prior to N in Chungcheongnam-si, and was divided into three parcels on January 23, 2018, as shown in the attached Table.

On July 12, 1991, LA 6/8 shares, M and Defendant C shared 1/8 shares, respectively, due to “the inheritance on the property of April 5, 1980.” On July 12, 1991, the Plaintiff completed the provisional registration of this case on the instant real estate on the ground of a pre-sale agreement made on July 9, 191. Defendant D, E, F, and G succeeded to L shares among the instant real estate on May 10, 1994, and accordingly, the registration of ownership transfer was completed on June 28, 1996, with the content that Defendant D owned 18/72 shares, Defendant E, F, and G owned 12/72 shares, respectively.O completed the registration of ownership transfer on the ground of sale on the instant real estate on June 28, 1996.

After July 24, 2001, P Co., Ltd. received compulsory decision to commence compulsory sale of the instant real estate on the same day, and registered it on the same day. Defendant’s assistant intervenor was awarded a successful bid on April 7, 2005, and completed the registration of ownership transfer on April 22, 2005.

Inheritance M was deceased on November 4, 2017, and there was Defendant B, H, I, and J as his heir.

[Ground of recognition] The plaintiff purchased the real estate of this case from M, L and Defendant C around July 9, 191, as a whole, around 1991, the following facts: Gap's evidence Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply) and the purport of the whole pleadings.

However, as at the time, the plaintiff did not obtain the qualification certificate for acquisition of farmland because he resided in the Chungcheong City and did not complete the registration of transfer, the provisional registration of this case was completed instead.

Therefore, Defendant B, H, I, J and L’s successors, Defendant D, E, F, and G, who are the successors of Defendant C and M, are obligated to implement the registration procedure for ownership transfer due to the completion of the contract for the delivery of a copy of the complaint of this case to the Plaintiff.

The defendants.

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