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(영문) 대구지방법원 2020.01.23 2019가단132596
소유권이전등기
Text

1. Defendant B is based on sale and purchase on November 24, 1990 with respect to the E 149 square meters in Gyeongsan-si.

Reasons

1. Facts of recognition;

A. The registration of establishment of a collateral security (hereinafter “instant collateral security registration”) was completed on March 20, 1996 with the maximum debt amount of KRW 8,000,000,000 on the part of the deceased on May 31, 1980 and June 9, 1980, as to the land of KRW 149 square meters in Busan Special Metropolitan City E (hereinafter “No. 1”) and the land of KRW 235 square meters, adjacent to land No. 1 (hereinafter “No. 2”). As the deceased on January 24, 2018, the registration of establishment of a collateral security (hereinafter “instant collateral security registration”) was completed on July 3, 201 by the deceased on July 3, 2019.

With respect to the land No. 2, the transfer registration under the name of Defendant B was completed on the grounds of the sale on the same day on January 6, 1990, and the transfer registration under the name of Defendant B was completed on the grounds of the sale on November 15, 1990, and the transfer registration under the name of D was completed on the grounds of the sale on the grounds of November 24, 1990, and again on March 20, 1996, the transfer registration under the name of the Plaintiff was completed on the grounds of the sale on the grounds of February 18, 196.

B. On November 25, 1995, the Plaintiff concluded a sales contract of KRW 15,00,000 (hereinafter “instant sales contract”) between H and H with respect to the entire land of KRW 15,00,00 for the instant building and the instant building, with the Plaintiff’s explanation that the Plaintiff purchased the instant land and the instant unregistered building (19.2m2, 19.2m2, 19 soil fences of the first floor, and 18.9m2, 18.9m2 of the soil wall of the first floor; hereinafter “instant building”).

The Plaintiff paid the purchase price to D by March 20, 196 pursuant to the instant sales contract, in full, and completed the instant transfer registration under the name of D with respect to the second land. However, the Plaintiff cannot obtain the acquisition certificate for farmland as at the time of acquisition of farmland on the first land, and thus, if the Plaintiff obtained the acquisition certificate for farmland acquisition thereafter, the registration of ownership transfer is completed under the name of the Plaintiff.

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