(영문) 서울서부지방법원 2019.05.03 2018가단14369

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(영문) 서울서부지방법원 2019.05.03 2018가단14369

소유권이전등기말소

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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The costs of lawsuit shall be assessed by adding a principal lawsuit and a counterclaim;

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. The Plaintiff completed the registration of ownership transfer on July 5, 2017 with respect to the land of Eunpyeong-gu Seoul Metropolitan Government 38.3 square meters (the instant land) for the acquisition by prescription.

B. On June 27, 2017, which was before the completion of the registration of ownership transfer, the Plaintiff entered into a sales contract to sell the instant land to the Defendant (the instant sales contract) with KRW 150,000,000,000,000, and as a special stipulation, the Plaintiff determined that “3. This contract is to pay the seller the down payment, intermediate payment, and balance to the seller at the time of the completion of the registration under the name of the buyer, on the ground that the real estate owner, as of the date of the contract due to the transfer of ownership by the judgment, has six other E as of the date of the contract, and it is impossible to confirm the existence of the seller’s ownership.”

C. On July 5, 2017, the Plaintiff completed the registration of ownership transfer of the instant land, the Seoul Western District Court received the registration of ownership transfer from the Defendant under Article 36854 (the title transfer registration of the instant land). On July 20, 2017, the Plaintiff and the Plaintiff’s spouse B and the Defendant, who were the Plaintiff’s spouse, agreed on the following matters concerning the payment of the purchase price of the said land, and written an agreement (performance of the instant agreement).

A: Defendant and 13 others: Provided, That the letter of agreement in this case was prepared by the Defendant as the representative and affixed only his seal.

B: The Plaintiff, B, and B seem to mean multi-household housing on the ground, other than Eunpyeong-gu Seoul Metropolitan Government, owned by the Defendant, and 13 other than the Defendant of the building owned by the Plaintiff, B, and B, for the purchase and sale of the road site D (the instant land) in Eunpyeong-gu Seoul Metropolitan Government (150,00,000) and B.

With respect to the eviction agreement ( October 30, 2016), the following shall apply:

1. The portion of the contract deposit (15,000,000 won) and the portion of the possession of the land in this case to Eul.

유사 판례

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