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(영문) 대구지방법원 2016.03.30 2015나16710
소유권이전등기
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The Plaintiff’s purchase of the instant land 1) On June 15, 2000, the Plaintiff is an agricultural cooperative (hereinafter “Defendant F’s husband”) with the Dong K on June 15, 200 and the Plaintiff’s O (the Defendant F’s husband).

A) The Plaintiff decided to repay the principal and interest of the loan to the Plaintiff on behalf of the Plaintiff, and the sales contract to purchase the land of at least three parcels of land in this case and exceeding three parcels of land owned by the Plaintiff as the sales price (hereinafter “instant sales contract”).

(2) On June 21, 200, the Plaintiff obtained a loan of KRW 20,00,000 from the Agricultural Cooperative Co., Ltd. on June 21, 200, and repaid the principal and interest of the Plaintiff’s loan of KRW 22,786,981, including the Plaintiff’s existing deposit balance, to the said loan.

B. The joint inheritance network K of the Defendants died on July 17, 2003, and the Defendants jointly inherited the network K as their lineal descendants.

[Reasons for Recognition] Uncontentious Facts, Gap evidence Nos. 1 and 3, fact-finding reply to the president of the court of the first instance, and the result of the order to submit financial transaction information to agricultural cooperatives before the first instance court, the purport of the whole pleadings

2. According to the facts found in the judgment as to the cause of the claim, the Defendants are obligated to implement each procedure for the transfer of ownership on June 21, 2000 with respect to one-eight share of each of the instant land to the Plaintiff, except in extenuating circumstances.

3. Determination as to the defendants' defense

A. Even if the Plaintiff concluded a sales contract to purchase the land of this case with the deceased K, the extinctive prescription for the right to claim for registration was completed since ten years have passed since the registration of ownership transfer was not completed.

B. The date of the conclusion of the instant sales contract was June 15, 200 and the date when the Plaintiff subrogated for the O’s loan in lieu of payment of the purchase price pursuant to the said sales contract was as seen earlier, which was June 21, 200, and ten years have passed since then before the instant lawsuit was filed.

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