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(영문) 인천지방법원 2020.11.10 2019가단271738
소유권이전등기
Text

1. The defendant dated May 31, 1954 with respect to the portion of 119.082/240 among the 240.8 square meters in Jung-gu, Incheon, Jung-gu, Incheon.

Reasons

1. Summary of the parties’ assertion

A. On May 31, 1954, C, the father of the Plaintiff’s assertion, entered into a sales contract with the Defendant on the part of 119.0082m2 in Jung-gu, Incheon, Jung-gu, Incheon (hereinafter “the part of the instant real property”), which is the part of the Plaintiff’s claim, with the Defendant, and paid all the purchase price of the property devolving upon May 30, 1959.

In addition, while C died on August 19, 1959, the Plaintiff, a South-North of C, succeeded to the portion of the instant real estate.

However, the Defendant did not comply with the procedure for the registration of ownership transfer or ownership transfer of shares with respect to the portion of the instant real estate to C or its subsequent descendants who purchased the instant real estate even after receiving full payments from C. Thus, the Defendant is obliged to implement the procedure for the registration of ownership transfer of shares with respect to the portion of the instant

B. On August 19, 1950, C is indicated as deceased on August 19, 1950, and the authenticity of the sales contract for the property devolving upon the instant real estate portion is doubtful. Therefore, it cannot be deemed that a sales contract for the property devolving upon the instant real estate was concluded between the Defendant and C.

In addition, even if the fact that the contract for the sale of the property devolving upon the State is recognized, the part of the land C purchased cannot be deemed the part of the real estate.

2. Facts of recognition;

A. The Plaintiff is the south of C.

According to the plaintiff's expulsions, it is stated that C was deceased on August 19, 1950 according to the plaintiff's report around December 16, 1963.

B. On May 31, 1957, the Plaintiff asserted that on May 31, 1957, the buyer, the seller of the Republic of Korea, the seller of the goods, the seller of the goods of the Republic of Korea, the seller of the goods of the Gu Jung-gu Incheon Metropolitan City D, the site 36 square meters, and the coagum 11 square meters of the house sapex (1st floor), the above building was entirely destroyed by approximately 20 years fire, and newly constructed the unauthorized building at the same location;

A store of real estate, the sale price of which is 85,000 units, shall be the 85,000 units.

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