(영문) 인천지방법원 2018.10.30 2017가단258977

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(영문) 인천지방법원 2018.10.30 2017가단258977

소유권이전등기

Text

1. The defendant dated May 31, 1954 with respect to the portion of 119.082/240 among the 240.8 square meters in Jung-gu, Incheon, Jung-gu, Incheon.

Reasons

1. Summary of the parties’ assertion

A. On May 31, 1954, C, the conciliation division of the Plaintiff’s assertion, entered into a sales contract with the Defendant on the part of 119.082m2 in Jung-gu, Incheon, Jung-gu (hereinafter “instant real estate portion”), which is the part of the Plaintiff’s assertion, with the Defendant, for the property devolving on the part of 240.8m2 (hereinafter “instant real estate portion”), and paid all

In addition, D, his father, donated the real estate portion of this case from C, and the Plaintiff was again donated the said real estate portion from D, his father.

However, the Defendant did not comply with the procedure for the registration of ownership transfer or ownership transfer of shares with respect to the portion of the instant real estate to C or its subsequent descendants who purchased the instant real estate even after receiving full payments from C. Thus, the Defendant is obligated to implement the procedure for the registration of ownership transfer of shares with respect to the portion of the instant

B. The part of the land purchased by C, the plaintiff's summary of the defendant's assertion, cannot be deemed as the part of the real estate of this case.

Therefore, the plaintiff's claim of this case must be dismissed.

2. Facts of recognition;

A. The Plaintiff’s father is D, and the Plaintiff’s father is C.

B. On May 31, 1957 (Seo 1954), on a short-term 4287, “a sale and purchase contract for real estate (housing site and other housing site)” was drafted by the buyer, the seller of the Republic of Korea, the seller of the object, the seller of the Gu Jung-gu, Jung-gu, Incheon, the 36th square meters of the housing site, the 11th square meters of the sapapa (1st floor) and the sales proceeds of 85,00

(hereinafter referred to as the “instant sales contract,” and the sales contract under the said contract was concluded.

C. C paid 20,000 down payment as of May 31, 1954, 13,000 refund on November 17, 1955, 13,000 refund on May 28, 1957, and 13,000 refund on May 30, 1959, and paid 85,000 refund as stipulated in the above sales contract.

The former Incheon, which is a part of the site of the instant sales contract.

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