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(영문) 서울중앙지방법원 2014.08.19 2013가단287433
소유권이전등기
Text

1. The Plaintiff, Defendant A, with respect to the real estate listed in the attached Table 1, Defendant B, with respect to the real estate listed in the attached Table 2.

Reasons

1. According to Gap evidence Nos. 1, 2-1, 3, 5, and 3-1, 2, 4-1, 2, 2, and 3-1, 4-1, 2, and 3-4 of the evidence Nos. 1, 4-1, 2, and 3 as to the claim against defendant A, the plaintiff entered into a sales contract with defendant A on December 4, 2002 to purchase 162,285,201 m2, 582 m2, which is the defendant A's ownership, for the establishment of a sanatorium, which is a sanatorium for senior citizens' specialty. After the conclusion of the sales contract, part of the above land is divided into the land listed in the separate sheet Nos. 1 (hereinafter "one land of this case"), and the plaintiff entered into an agreement to transfer the ownership of the land of this case to the plaintiff on the ground that the land of this case was transferred for sale and purchase and transfer of the land of this case.

The defendant A asserted that the plaintiff cannot respond to the plaintiff's claim since 10 years have passed since the date of the sales contract. However, the fact that the plaintiff acquired the land of this case and possessed it until now is as mentioned above, and in the case that the buyer continues to possess the real estate for the purpose, the extinctive prescription of the right to claim the transfer of ownership does not run (Supreme Court Decision 98Da32175 delivered on March 18, 199). Therefore, the above argument is without merit.

2. On December 4, 2002, the Plaintiff entered into a sales contract with Defendant B, which purchased KRW 491,317,049, 582 square meters for E, E, 582 square meters for F, 646 square meters for G, 951 square meters for H, and 165 square meters for H, which is owned by Defendant B. On December 4, 2002, part of F land after entering into the sales contract is recorded in attached Table 2.

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