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(영문) 울산지방법원 2016.06.15 2016가단5589
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Defendant, in the absence of dispute, prepared a sales contract (No. 2 No. 1, 2, and 3) with the following contents as to the shares of the Defendant in the forest of this case among the forest of this case to the Plaintiff.

On March 13, 1995, the content of the contract of this case (Evidence A2-1 of No. 2 of this case) on March 13, 1995, sold to the Plaintiff 700 square meters out of the 6200 square meters of the Defendant’s share in the forest of this case in KRW 10 million, and sold 330 square meters out of the 6200 square meters of the purchase price to the Plaintiff on October 4, 1995 (Evidence A2-2 of this case) the Defendant’s share in the forest of this case in KRW 5 million, to the Plaintiff on November 30, 1995 (Evidence A2-3 of this case) the purchase price of KRW 14.8 million in the purchase price of the forest of this case in KRW 6,200,000,000 to the Plaintiff.

2. Determination as to the cause of action

A. The plaintiff asserted that he purchased 700 square meters and 330 square meters from the defendant's share in the forest of this case on March 13, 1995 and October 4, 1995.

After November 30, 1995, the sales contract was concluded to purchase the total sum of KRW 1,030,030,000 for convenience, and the sales amount was paid in full.

The defendant is obligated to implement the procedure for the registration of ownership transfer on November 30, 1995 with respect to the portion stated in the purport of the claim among the forest land of this case to the plaintiff.

B. The fact that the Defendant prepared a sales contract concerning the forest of this case is as seen earlier.

In this regard, the Defendant did not actually conclude a sales contract with the Plaintiff as a loan certificate, and even if the sales contract was concluded on November 30, 1995 with respect to the forest land of this case, the Defendant asserted that the Plaintiff’s right to claim for ownership transfer registration with respect to the forest land of this case has expired since 10 years have passed since the conclusion of the sales contract.

The extinctive prescription of a real estate purchaser shall be completed if he/she fails to exercise his/her claim for ownership transfer registration for ten years.

On March 16, 2016, the date ten years elapsed since November 30, 1995 when the Plaintiff entered into a sales contract.

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