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(영문) 수원지방법원 2020.07.15 2019가단524644
가등기에 기한 본등기절차이행
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) each share of 1/4 of the real estate listed in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts D was married to E on February 9, 1957, and among them, F, the Defendants, and the Plaintiff was produced.

D has completed the registration of ownership transfer on November 9, 1986, based on sale and purchase.

D On March 24, 1987, the Plaintiff and the instant housing amounted to KRW 15 million, and upon the lapse of March 25, 1988, the date of the completion of the sale, the Plaintiff entered into a pre-sale agreement (hereinafter “instant pre-sale agreement”) with the purport that the sale is completed as a matter of course without any separate declaration of completion of the sale. On March 25, 1987, the provisional registration of the instant housing was completed for the Plaintiff on March 25, 1987.

On October 18, 1991, the Plaintiff made a move-in report to the instant house, and resided in the instant house from that time.

D The D died on December 22, 1992, and accordingly, D’s property, including the instant housing, was jointly inherited by E, F, Defendants, and Plaintiff.

On September 8, 1999, the Plaintiff removed from the instant house and made a move-in report to Suwon-si G, Suwon-si, and resided in the said move-in report from that time.

E died on September 22, 2010, and accordingly, the Plaintiff, Defendants, and F have finally succeeded to the instant housing jointly with each of the 1/4 shares.

On May 2, 2019, the Plaintiff filed the instant lawsuit with the Defendants and F as co-defendants, and “F shall implement the procedure of ownership transfer registration based on the instant provisional registration with respect to one-fourth share of the instant housing on March 25, 1988,” and the decision of recommending reconciliation was finalized between the Plaintiff and F on June 17, 2019.

[Ground of recognition] Facts without dispute, Gap 1 through 5, 7 evidence, Eul 5, 6, 7 evidence (including each number), the purport of the whole pleadings

2. Determination on the main claim

A. According to the above facts based on the judgment as to the cause of the claim, the lapse of March 25, 198, except in extenuating circumstances.

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