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(영문) 부산지방법원 2015.11.25 2015가단35269
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) purchased and sold real estate listed in the separate sheet to the Plaintiff (Counterclaim Defendant) on April 16, 199.

Reasons

1. The fact of common recognition of the principal lawsuit and the counterclaim;

A. The plaintiff is the birth of the deceased C (hereinafter "the deceased"), and the defendant is the children of the deceased.

B. On April 16, 1999, the Plaintiff purchased from the Deceased Kimhae-si D 55m2 (hereinafter “instant land”). On April 19, 199, the Plaintiff completed the registration of ownership transfer under the Changwon District Court receipt No. 22948.

C. On the ground of the instant land, real estate listed in the separate sheet, which was a residential wooden house established in 1904 (hereinafter “instant building”). However, on December 10, 2014, immediately before the death of the deceased, the registration of preservation of ownership was made in the name of the deceased on December 10, 2014 under the receipt of the Changwon District Court Kim Sea Registry No. 143929, supra.

The Deceased died on December 15, 2014. On March 20, 2015, the Defendant completed the registration of ownership transfer based on inheritance due to the agreement and division as of March 20, 2015, the Changwon District Court Kim Sea Registry receipt No. 29529, supra.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. 1) The Plaintiff’s assertion 1) The Plaintiff’s assertion as to this case’s land as security is the Plaintiff’s non-party-Woonam-do Cooperative (hereinafter “instant Union”).

However, the above land was sold at auction because it was borrowed from the bank, but it was impossible to repay it.

The plaintiff purchased the land and buildings of this case from the deceased in entirety upon the recommendation of a punishment, and the deceased resolved the debt to the non-party union with the purchase price received from the plaintiff.

However, the building of this case was old, and it was not indicated separately as the subject matter of sale in the sales contract due to the relation that is unregistered, but the building of this case was the subject matter of the sales contract on April 16, 199.

Therefore, the defendant who acquired the building of this case following the consultation division of inherited property shall enter into the sales contract for the plaintiff.

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