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(영문) 대전지방법원 공주지원 2018.11.22 2018가단20650
소유권이전등기
Text

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

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

Reasons

1. Basic facts

A. C completed the registration of transfer of ownership on June 9, 1973 with respect to each real estate listed in the separate sheet (hereinafter referred to as “second real estate”) on June 4, 1975, as stated in the separate sheet (hereinafter referred to as “the instant real estate”).

B. C died on September 10, 1979, and wife D completed the registration of ownership transfer on June 15, 1990 with respect to the E forest land E 15,601 square meters adjacent to each of the instant real estates on June 15, 199.

C. On September 2003, the Plaintiff: (a) surveyed approximately KRW 40,00 of the forest land in question with D and concluded a sales contract to purchase KRW 5,300 per square year (hereinafter “instant sales contract”); and (b) stated in the sales contract that “the total sale of each of the instant real estate within the forest land shall be made by adding up the instant real estate within the forest.”

D On January 6, 2004, the Plaintiff prepared a receipt to the effect that the remainder of KRW 127.9 million under the instant sales contract was paid to the Plaintiff.

The above forest land was divided into two occasions, and the E forest land was 115,849 square meters, and the plaintiff completed the registration of transfer of ownership on January 15, 2004 with respect to the above forest divided on January 16, 2004.

E. On December 31, 2007, the Plaintiff applied for issuance of a certificate on each of the instant real estate in accordance with the Act on Special Measures for the Transfer of Real Estate Ownership at the time of official residence, but the Defendant, a private village of C, submitted a written objection under the name D, was dismissed on April 11, 2008.

F. D completed the registration of ownership transfer on September 10, 1979 with respect to each of the instant real estate on February 6, 2009, based on the inheritance by consultation and division, and the Defendant completed the registration of ownership transfer on February 24, 2009 with respect to each of the instant real estate on February 13, 2009.

G. D A deceased on March 11, 2013, and his/her heir was F, G, H, H, I, J, K, K, M, N, etc.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 through 10 can be used.

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