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(영문) 대전지방법원천안지원 2020.08.19 2019가단9619
소유권이전등기
Text

1. The Defendants: (a) on December 30, 2017, with respect to each one-half share of 1/5 square meters in Asan-si H 294 square meters; and (b) on December 30, 2017, respectively, to the Plaintiffs.

Reasons

1. The parties' assertion

A. The Plaintiffs asserted that, on December 30, 2017, the Defendants, the heir of I, purchased from the Defendants, Asan-si H 294 square meters (hereinafter “instant real estate”) a price of KRW 40 million and paid the said price in full, and that they sought the implementation of the procedure for registration of ownership transfer against the Defendants.

B. The Defendants asserted that the Defendants, while consenting to the use of the instant real estate to the Plaintiffs, obtained 40 million won in return and did not sell the instant real estate.

2. Fact and determination

A. 1) On March 28, 1958, I is entitled to the instant real estate: H 294 square meters (hereinafter “instant real estate”).

A) On October 2, 1957, the Defendants completed the registration of ownership transfer on the grounds of sale and purchase. (2) On December 30, 2017, a sales contract was formulated with the content that the Defendants sold the instant real estate to the Plaintiffs in the amount of KRW 40 million.

This contract shall contain the following contents as the contents of the special agreement:

1. A special agreement is made to sell the above land and keep the ownership of the land so that the purchaser may use and benefit from the land by attaching a written consent for land use and a certificate of the seal impression affixed to all his/her descendants necessary for the use of the land to the documents that can be permitted in Asan City, along with a certificate of the seal impression affixed thereto, for consent to land use requested at Asan

2.If established by remitting the proceeds of sale of land, all the powers of the land shall be vested in the buyer and immediately in the buyer shall have no civil or criminal reasons even if the buyer uses the entire proceeds.

3. The costs of the cadastral boundary surveying are fully responsible for the purchase of this land.

4. When a purchaser fails to use a certificate of the personal seal impression for land use acceptance within three months after purchase, and when the certificate of the personal seal impression for land use is again required, a certificate of the personal seal impression shall be returned.

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