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(영문) 춘천지방법원강릉지원 2017.08.30 2017가단30305
소유권이전등기
Text

1. The defendant is the Chuncheon District Court with respect to one half of the total area of 3,070 square meters in Gangwon-gun Yangyang-gun Co., Ltd. to the plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a subordinate to the case of DC E.

B. B and F completed the registration of ownership transfer on February 21, 1974 with respect to the land of 3,070 square meters (hereinafter “instant land”) in Yangyang-gun, Yangyang-gun on February 23, 1974.

C. On March 6, 2013, the Defendant completed the registration of ownership transfer based on inheritance due to consultation and division on October 3, 1989 under the name of the Defendant with respect to the entirety of F shares (hereinafter “instant shares”) among the instant land. D.

On January 3, 2014, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “provisional registration of this case”) on December 23, 2013, under the name of both Chuncheon District Court and Yangyang District Court’s receipt No. 48, Jan. 3, 2014.

E. The registration certificate (Evidence A2) issued by the Plaintiff after completion of the provisional registration of this case is accompanied by the confirmation document in the same manner as the attached Form (hereinafter “instant confirmation document”) in addition to the Plaintiff, the Defendant, and the documents prepared in the name of G (hereinafter “instant promise”).

[Reasons for Recognition: Facts without dispute, Gap evidence, Gap evidence No. 1, Gap evidence No. 4, purport of the whole pleadings]

2. Assertion and determination

A. The Plaintiff’s assertion 1) The instant land is the land that the Plaintiff held in title trust with B and F. The Plaintiff intended to recover the instant land under the name of the Plaintiff, but cannot obtain the qualification certificate for acquisition of farmland, and thus, the Defendant, the heir of B and F, and the purchase and sale reservation (hereinafter “instant purchase reservation”).

(2) The Defendant’s assertion that the instant purchase and sale agreement was concluded on December 22, 2016 and completed the instant provisional registration. As such, the instant purchase and sale agreement was concluded on December 22, 2016, and thus, the registration of ownership transfer pursuant to the instant provisional registration against the Defendant is sought.

The plaintiff will entrust the defendant with the certificate of his personal seal impression and seal impression to register as the representative of the family council.

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