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(영문) 창원지방법원진주지원 2015.01.23 2012가단30164
소유권이전등기청구 등
Text

1. With respect to real estate listed in the annex:

A. Defendant D and C: (a) Defendant A is the Changwon District Court Sacheon Registry on May 2, 2008.

Reasons

1. Basic facts

A. On December 19, 1972, Non-party He purchased from Non-party I the 2,041m2 from the non-party I. In the process of completing the registration of ownership transfer, one’s name was registered as K other than H and marked as the owner.

B. Around May 1980, the said land was arranged by subdivisions, and a new parcel number was assigned to the land of 2,041 square meters (hereinafter “land prior to subdivisions”). On December 10, 1981, the land prior to subdivisions was divided into 1,017 square meters in Sacheon-si L, 1,017 square meters in total, 295 square meters in MM (hereinafter “instant land”) and 729 square meters in total, and the land category of the instant land was changed to the water site.

C. On April 13, 1983, the Plaintiff entered into a sales contract with the Nonparty on the instant land upon consultation with respect to the extension of the water supply system and the construction of the industrial water supply system. On April 13, 1983, the Nonparty sought payment of KRW 446,925 of the compensation for the instant land to the Plaintiff. The Plaintiff’s construction director requested the head of the finance division to pay the said compensation on the said date. The Nonparty entered into a registration request with respect to the transfer transfer registration accompanied by a certificate of personal seal impression for the transfer registration that the Nonparty directly received to the Plaintiff.

On the other hand, on October 25, 1985, Defendant A of the Nonparty’s birth, purchased the instant land from the Nonparty, and completed the registration of ownership transfer (hereinafter “the instant registration of ownership transfer”) under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, hereinafter “Special Measures Act”) from the Changcheon District Court on May 2, 2008, as the receipt No. 13955 on May 2, 2008.

E. As above, the letter of guarantee prepared by Defendant A in relation to the above registration at the time of completion of the registration of transfer of ownership of the instant case stated that “Defendant A guarantees the purchase of the instant land from K, the owner of the instant land, on October 25, 1985, on December 25, 2006.”

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