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(영문) 춘천지방법원 2016.11.10 2015가단8066
소유권이전등기 등
Text

1. The plaintiff's main claim is dismissed.

2. As to each real estate listed in the separate sheet to the Plaintiff.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as to Gap evidence 2, Gap evidence 3-1 to 3, Gap evidence 4-1, 2, Gap evidence 5-2 to 5, Gap evidence 7-2, and Eul evidence 7-3, and Eul evidence 1 alone is insufficient to reverse this, and there is no other counter-proof.

On October 6, 1987, the Defendant completed each registration for the transfer of ownership on the real estate listed in the attached list (hereinafter “instant real estate”) and on the land of 233 square meters in Gyeyang-gu, Yangwon-gun.

B. On January 20, 1992, the Defendant entered into a sales contract on the instant real estate with the non-party Samho Industrial Development Co., Ltd. (hereinafter “non-party Co., Ltd.”). On January 20, 1992, the Plaintiff entered into a sales contract with the non-party Co., Ltd. to purchase the instant real estate.

B. The Plaintiff, the Defendant, and the Nonparty Company: (a) transferred the ownership transfer registration of the instant real estate directly to the Plaintiff; (b) on February 17, 1992, the Defendant drafted a written waiver of the real estate on February 17, 1992, with respect to the Plaintiff; and (c) on February 19, 192, with respect to the instant real estate on February 19, 1992, a written contract for establishing a mortgage and a contract for establishing a sales contract for the real estate

C. On February 20, 1992, the Plaintiff completed the registration of ownership transfer for the area of 233 square meters in Gyeyang-gu, Yangwon-gun, Yangwon-gun, and completed the registration of ownership transfer for each real estate in this case.

2. Determination

A. As to the Plaintiff’s primary assertion, the Plaintiff concluded a sales contract with the Defendant on February 19, 192 with respect to the instant real estate, the Defendant asserts that the Plaintiff is liable to implement the procedure for ownership transfer registration on February 19, 192 with respect to the instant real estate.

In full view of the purport of the entire pleadings in the statement No. 5-1 of the document No. 5, the statement is not less than 23 m3 m2 on October 24, 1991.

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