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(영문) 청주지방법원 2015.07.22 2014가단2020
소유권이전등기
Text

1. The defendant is based on the plaintiff's restoration of real estate stated in the attached list.

Reasons

1. Basic facts

A. Before subdivision, Cheongju-si, C previously 198 square meters (hereinafter “Before subdivision”) was owned by the network D.

The deceased died on March 5, 1969 and the plaintiff, who was an son, succeeded to all the property of the deceased including the land before the division.

B. On December 25, 1975, the Plaintiff concluded a sales contract with the Defendant to sell the remaining parts of the land before subdivision and E to the Defendant and receive KRW 780,570 from the Defendant in return (hereinafter “instant sales”).

C. The Defendant completed the registration of ownership transfer due to sale on March 4, 1970, based on the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 3094, invalidation, and invalidation (hereinafter “former Act”) by Cheongju District Court No. 6893, Feb. 6, 1980 regarding the entire land before subdivision.

The land of F and G was divided on April 29, 1987 from the land before the said subdivision, and the land of H was divided on April 24, 1998, and the land of H was the real estate recorded in the attached list (hereinafter “instant real estate”).

(hereinafter referred to as the “registration of transfer of ownership of this case”) under the name of the defendant based on the Act on the Special Measures for the Registration of Real Estate in this case has no dispute over the grounds for recognition, Gap evidence Nos. 3, 7, 8, Eul evidence No. 1, Eul evidence No. 3-2, and the purport of the whole pleadings.

2. Judgment on the facts constituting the key issue

A. The Plaintiff asserts that the Defendant and the Defendant were excluded from the sale subject matter at the time of the instant purchase and sale. The Defendant asserts that the part agreed to be excluded from the sale subject matter is 31m2,00,000,000,000 in sequence connected with each point of 10,11, 12, 13, and 10,000,000 won in the instant real estate.

B. Each evidence mentioned earlier, evidence No. 1-2, evidence No. 6, evidence No. 4, evidence No. 5-1 and No. 5-2, and the result of the on-site inspection by the appraiser I as a whole.

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