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(영문) 대구지방법원 2018.01.17 2016가단133741
소유권이전등기
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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. After the registration of ownership preservation was completed on October 15, 1969 with respect to the land of 4069 square meters of D forest land (hereinafter “the forest of this case”) located in Gyeongdong-gun, Gyeongdong-gun, the basic fact was completed on October 15, 1969, and on October 10, 2006, the registration of ownership transfer was completed on October 30, 1989 pursuant to the Act on Special Measures for the Registration, etc. of Ownership Transfer of Real Estate (Act No. 7500, invalidation) based on the sale on October 30, 2006 as the grounds for registration. After E died on November 9, 2014, the registration of ownership transfer was completed on June 26, 2015 on June 26, 2015.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion (1) on February 14, 2007, the Plaintiffs purchased the instant forest from the Plaintiff’s father E or E’s agent F, and paid the purchase price in full.

Therefore, the defendant who succeeded to the forest of this case from E is obligated to implement the registration procedure for transfer of ownership on the forest of this case for the plaintiffs.

(2) or in relation to the instant forest land, the disposal authority was granted to the F, but the F has title trusted the ownership of the instant forest land to E, and completed the registration of ownership transfer in the future.

Since the Plaintiffs entered into a sales contract on February 14, 2007 with F, a title truster of the instant forest, the Defendant, the inheritor of the title trustee E of the instant forest, is obligated to implement the procedure for ownership transfer registration based on the said sales contract with respect to the instant forest.

B. We examine whether the sales contract of this case between the plaintiffs and E was effective.

(A) The fact-finding results of the fact-finding on the old and American market (Gu-U.S. G community service center) and the witness F's testimony that the following stamp image of E's name is based on the evidence Nos. 2 (Real Estate Sales Contract) and Nos. 3 (Receipt).

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