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(영문) 광주지방법원 2017.04.21 2016가단507678
소유권이전등기
Text

1. The plaintiffs' primary claims and conjunctive claims are dismissed, respectively.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. On March 6, 1980, the network I sold 200 square meters north of the said land (hereinafter “instant land”) to the network L on the ground that the former owner was the former owner of 1,997 square meters prior to the division (hereinafter “instant land”). The network K, the wife of the network I, sold on March 6, 1980, 2200 square meters (hereinafter “instant sales contract”).

B. On April 6, 1989, the network K issued to the deceased L a certificate of sale stating that "in selling and selling the commercial real estate (referring to the land in this case), the purchase and sale price of the land shall be collected in full clearly and at the later request by the buyer, the sale and purchase price of the land shall be bound to be transferred at the later request."

C. The deceased L was killed on July 19, 1989, and the heir was the heir, the plaintiff A and the other plaintiffs who were the wife.

On December 7, 1994, the land before the instant partition was divided into 1,366 square meters and 661 square meters prior to H and 1,36 square meters prior to the Janyang-gun, Chungcheongnam-do.

E. The net I died on October 31, 1981, and the Defendant completed the registration of ownership transfer on the G land in Yangyang-gun, Nam-gun due to the agreement division due to the death of the net I on December 9, 1998.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 2-4 evidence, fact inquiry results about the Duyang-gun, witness M's testimony, purport of whole pleadings

2. The parties' assertion

A. In the first place, the Plaintiffs 1) sold the instant land, which was registered as the actual owner of the instant land or as the owner of the instant land under the ordinary temporary agency authority, to the deceased L. Therefore, the said sales contract is valid, and the Defendant, as the heir of the deceased L, is obligated to implement the registration procedure for transfer of ownership of the instant land to the Plaintiffs, who are the heir of the deceased L, according to the said sales contract. The instant land is the same as the land of which 61 square meters prior to H. 661 square meters prior to the Jeonyang-gun, Nam-gun, the Plaintiffs, who are the deceased L and their inheritors, occupy the instant land for a peaceful period of 20 years.

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