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(영문) 서울북부지방법원 2019.09.24 2019나31274
소유권이전등기
Text

1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 to 8.

E completed the registration of transfer of ownership on September 5, 1959, with regard to D forest land 364 square meters (hereinafter “the forest of this case”) in Suwon District Court No. 13504, May 5, 1971.

B. On March 21, 1979, E made a promise to sell and purchase real estate with respect to the instant forest land, etc. between F and F, with the following content:

(hereinafter referred to as “instant trade reservation”). Article 1 E promises to sell the instant forest land, etc. owned by itself to F in KRW 1 million, and F accepts it.

Article 2 F pays 950,000 won to E as the deposit money of this Agreement, and E has been verified to increase this amount.

Article 3 Section E pays to F the amount of the deposit referred to in Article 2 and the amount of the damages agreed in advance between the parties by June 21, 1979, this reservation shall be rescinded, and if E does not pay the said amount by the said period, it shall be deemed that the parties have expressed their intent to complete the sale and purchase to the private party on the following day after the said period expires, and the ownership of the forest of this case shall be transferred to F, and E shall transfer the forest of this case to F without any limited real right, and E shall also implement the procedure for ownership transfer registration.

Article 5 E has fulfilled provisional registration procedures to F in order to preserve the right to claim ownership transfer under this Agreement.

(c).

F With respect to the forest land of this case, the Suwon District Court Seosung District Court No. 14200 received on March 27, 1979 (hereinafter “the provisional registration of this case”) completed the provisional registration of ownership transfer claim based on the instant trade reservation (hereinafter “the provisional registration of this case”).

E Deceased on February 4, 1982, E deceased, and F, South Korea, was enacted by Act No. 4502 on November 30, 1992, and was from January 1, 1993 to December 31, 1994.

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