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(영문) 춘천지방법원원주지원 2017.08.08 2016가단36415
소유권이전등기
Text

1. The claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Judgment on the Grounds of Claim

A. The following facts can be acknowledged according to the statements in Gap evidence Nos. 1 through 3 (including branch numbers), witness D's testimony, and the purport of the whole pleadings.

The testimony of the witness E against this is not trustable.

1) On April 12, 1991, the Plaintiff is the deceased F (hereinafter “the deceased”).

(2) On April 15, 1991, the Plaintiff concluded a sales contract to purchase the forest land of this case from the Deceased in KRW 35,500,000, and paid KRW 3,500,000 to the Deceased on the same day. 2) On the ground that the Deceased’s money was urgent, the Plaintiff concluded a sales contract again on April 15, 1991 and paid KRW 32,00,000 for the remainder to E.

3. After the death of the Deceased, the Defendant completed the registration of ownership transfer on January 10, 2014 on the instant forest land due to inheritance by consultation and division on July 3, 2013.

B. Therefore, barring any special circumstance, the Defendant, who comprehensively taken over the purchaser status of the instant forest from the deceased, is liable to implement the registration procedure for transfer of ownership of the instant forest.

Judgment on the defense of extinctive prescription

A. The defendant asserts that the plaintiff's right to claim ownership transfer registration of the forest of this case has expired by prescription.

Since the payment date of the remainder under the sales contract for the forest land of this case was set on April 15, 1991, the plaintiff could have exercised the right to claim ownership transfer registration from this time, and the fact that the lawsuit of this case was filed for more than 10 years is clearly recorded in the record.

Therefore, the plaintiff's right to claim ownership transfer registration of the forest of this case has expired by prescription, and the defendant's assertion is with merit.

B. The Plaintiff also recognized the Plaintiff’s duty of ownership transfer registration even before the death, and as a broker of the sales contract.

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