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(영문) 춘천지방법원강릉지원 2020.11.10 2019나33040
소유권이전등기
Text

1. To dismiss the principal suit of the Plaintiff (Counterclaim Defendant) that has been changed in exchange in this court.

2. The plaintiff (Counterclaim defendant).

Reasons

1. Basic facts

A. F completed the registration of ownership transfer for each real estate listed in the separate sheet (hereinafter referred to as “each real estate of this case”; hereinafter individually referred to as “each real estate”), including the fact that the registration of ownership transfer was completed due to the sale on November 14, 1992 by Gangwon District Court No. 26060, Nov. 14, 1992 with respect to each real estate listed in the separate sheet No. 3 through 5 of the separate sheet, as well as the fact that the registration of ownership transfer was completed due to the sale on November 12, 1992.

B. As to each of the instant real property, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) based on the purchase and sale reservation made on March 2, 2006, the receipt of No. 7692, which was received on March 3, 2006 by the Gangseo-gu District Court of Chuncheon as to the instant real property.

C. The F died on February 24, 2010 and succeeded to the property of Defendant C, D, and E, the wife, Defendant C, and C, D, and E. Accordingly, among each of the instant real estate, the registration of ownership transfer was completed on the ground of inheritance as of Defendant C/9 shares, Defendant C, D, and E as to each of the instant real estate on December 19, 2018, as the receipt of 3982 on December 19, 2018, as to each of the instant real estate on December 24, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Plaintiff’s assertion 1 on November 12, 1992, purchased the instant 3 or 5 real estate from G in KRW 13,000,00,00. G died on or around April 12, 2012. As the wife Q, AR, AS, and AT inherited the net G’s property.

Therefore, the Plaintiff has the right to seek implementation of the ownership transfer registration procedure based on the above sale of the real estate of this case 3 through 5 against Q, AR, AS, and AT, the heir of the net G.

Meanwhile, the Plaintiff concluded a title trust agreement with F at the time of the above sales contract and completed the registration of ownership transfer in F’s name with respect to the instant 3 through 5 real estate, and the Defendants died thereafter.

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