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(영문) 대전지방법원서산지원 2017.07.18 2017가단50213
소유권이전등기
Text

1. The defendant shall be the plaintiff.

A. On June 5, 1985, with respect to 621 square meters prior to Seosan-si, Seosan-si, it was based on sale and purchase.

Reasons

1. The parties' assertion

A. On June 5, 1985, the Plaintiff’s summary of the Plaintiff’s assertion entered into a sales contract with the Defendant for KRW 2.20,000,00 for the purchase price as to the amount of KRW 300,000,000, and KRW 535,000,000,000, which was registered in the name of the Defendant, Seo-gu, Chungcheongnam-gun,

On February 2, 2016, the Defendant completed the registration of ownership transfer for land C or G, which was divided into Seosan-si, Chungcheongnam-gun, Chungcheongnam-do, and 300, on November 20, 1978, due to inheritance by consultation and division, sold land of Seosan-si and Ha in the amount of KRW 10 million to I.

Therefore, the Defendant is obligated to pay to the Plaintiff the amount equivalent to the market price at the time of impossibility of performance as compensation for the transfer of ownership based on the above sales contract as to the land of Seosan City which the Plaintiff possessed after the above sales contract, and as to the land of Seosan City sold to I by the Defendant for performance.

B. The Defendant’s summary of the Defendant’s assertion did not sell to the Plaintiff KRW 300, and KRW 535,00,000,000 prior to the division, and did not receive the purchase price.

2. According to Gap evidence No. 1, Gap evidence No. 2 (the defendant alleged that Gap evidence No. 1, Gap evidence No. 2 was forged, but considering the overall purport of the arguments as a result of the appraiser J's appraisal, Gap evidence No. 4, Gap evidence No. 8, Gap evidence No. 9, and the whole purport of the arguments, Gap evidence No. 3 are acknowledged as the defendant's unmanned seal affixed to each of the above documents, so the authenticity of the document is presumed to be established as a whole) and Gap evidence No. 3, each of Gap evidence No. 1 and Eul evidence No. 2, the plaintiff and the defendant set up a sales contract with the purchase price of KRW 2.625,00 won for each of the above documents before subdivision No. 5, Jun. 5, 1985 (hereinafter "the sales contract of this case"). The plaintiff paid 2.620,000 won to the defendant on the same day, the plaintiff paid 300,000 won prior to subdivision No. 3016.38,01,2000 square meters from May 25, 16.

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