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(영문) 수원지방법원 2017.04.12 2015가단53380
소유권이전등기
Text

1. Defendant B’s purchase and sale on April 16, 2002 with respect to the land size of 202 square meters prior to H in Sungsung-si.

Reasons

1. Facts of recognition;

A. The deceased I completed the registration of ownership preservation on June 18, 1981 with respect to the land of 202 square meters (hereinafter “instant land”) before H in Sung-si.

B. As the network I died on October 24, 1989, he jointly succeeded to the ratio of Defendant D (Withdrawal), E (Family) and F, F, and G 6:1:6:4:4 as his wife died.

C. On April 16, 2002, the Plaintiff and Defendant B concluded a sales contract with the terms that the seller should complete the registration of ownership transfer within three months from the date of the sales contract.

On December 25, 1994, Defendant B leased the instant land and the instant land and the instant land to J for a fixed period of 2.5 million won, and two years, respectively.

E. Since the conclusion of the above lease contract, J resided in the instant land and the instant land, and subleted the instant land and the instant land to K on November 25, 1996 by setting the lease deposit amount of KRW 3 million and the lease deposit period of KRW 1,00,000,000, and thereafter Defendant B accepted the said sub-lease contract.

F. When the Plaintiff purchased the instant land from Defendant B, the Plaintiff succeeded to the lessor’s status of K, and K was returned from the Plaintiff while the Plaintiff resided in the instant land and the instant house until August 2016, and was returned to K as a director.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 5 to 8, witness K, J, L's testimony, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to implement the registration procedure for ownership transfer on April 16, 2002 with respect to the land of this case to the Plaintiff.

3. Determination as to the claim against Defendant C, D, E, F, and G (hereinafter “Defendant C, etc”).

A. The Plaintiff, as to the primary claim, sold the land of this case to Defendant B around October 1989, and Defendant B sold the land again to the Plaintiff on April 16, 2002. Thus, the Plaintiff against Defendant B.

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