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(영문) 서울고등법원 2019.01.25 2018나2044839
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant’s purchase of the instant land (1) on October 1, 2009, the Korea National Housing Corporation and the Korea Land and Housing Corporation were established following the merger between the Korea National Housing Corporation and the Korea Land and Housing Corporation. The Korea Land and Housing Corporation comprehensively succeeded to the property, claims, debts, and other rights and obligations of the Korea Land and Housing Corporation and the Korea Land and

On September 28, 2006, both B and C concluded a sales contract for commercial lots with the content that the said construction is selling price of KRW 3,905,00,000 with the content that “1,169 square meters of the J site in Incheon-gu, Nam-gu (the said site was determined as “D.4 square meters of the said site” hereinafter)” to C.

(2) On November 10, 2006, C and the Defendant entered into a sales contract for selling the instant land at KRW 430,000,000.

(3) On November 15, 2006, with the consent of the Korea National Housing Corporation, C and the defendant transferred the status of the buyer under the above sales contract to the defendant, and the defendant entered into a contract with the defendant to succeed to all rights and obligations as the buyer under the above sales contract.

B. (1) The Defendant newly constructed the instant building on the ground of the instant land the 8th parallel roof of reinforced concrete structure, Class 1, 2 neighborhood living facilities, and amusement facilities (hereinafter “instant building”), and completed the registration of ownership preservation in the name of the Defendant on July 31, 2008.

(2) On August 29, 2008, the Defendant completed the registration of ownership transfer on July 28, 2008 with respect to the portion of exclusive ownership listed in the attached Table 1 List (hereinafter “instant building F”) to the Plaintiff.

(3) On December 6, 2010, the Korea Land and Housing Corporation completed the rearrangement of the land of this case, and completed registration of preservation of ownership in the name of the Korea Land and Housing Corporation on February 1, 2011.

C. The defendant's writing

1. The Defendant’s building of this case by July 10, 2012.

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