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(영문) 대구지방법원 2018.01.24 2016나310235
소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The plaintiff's ancillary claim added at the trial.

Reasons

1. Facts of recognition;

A. On April 28, 1994, the deceased D (the deceased on April 4, 2008, hereinafter “the deceased”) concluded a sales contract for the apartment of this case with the defendant Korea Land and Housing Corporation on April 28, 1994, 3.130,000 won of the sales price shall be paid on the date of the sales contract, 550,000 won shall be paid on the date of the sales contract, 550,000 won shall be paid on a four-year installment, and 6.5 million won of the loan shall be paid in installments in September 13, 207.

(hereinafter “instant sales contract”). B.

In accordance with the instant sales contract, the Deceased completed redemption on August 2004, and on January 12, 2004, each of the remainder after the instant sales contract was concluded.

C. On the other hand, on August 22, 2001, the Deceased borrowed KRW 20 million from the Plaintiff, and as to the interest rate of KRW 20 million (2% per month), he leased the apartment of this case and preferentially repaid the apartment of this case with the deposit for lease on a deposit basis, but if it is impossible to rent it, the date of repayment shall be until December 30, 201.

Defendant B and C are the deceased’s children and inheritors.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 7, Eul evidence 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment as to the main claim

A. On August 22, 2001, when the deceased borrowed KRW 20 million from the Plaintiff on November 7, 2001, the deceased agreed to transfer the ownership of the apartment of this case to the Plaintiff, instead of paying the principal and interest on the loan, if the principal and interest on November 30, 201 is not repaid until December 30, 2001.

On the other hand, Defendant B and C agreed to transfer the ownership of the apartment of this case to the Plaintiff, who is the inheritor of the deceased.

Therefore, Defendant B and C are obligated to implement the registration procedure for ownership transfer on November 7, 2001 with respect to each of the instant apartment units, which are inherited shares, to the Plaintiff.

In addition, the defendant Korea Housing Corporation has caused the sale on April 28, 1994 with respect to each of the shares of 1/2, which are inheritance shares among the apartment in this case, to defendant B and C.

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