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(영문) 대전지방법원 2019.07.17 2017가합108176
소유권이전등기
Text

1. The Plaintiff, among the 7,339 square meters of G forest in Daejeon Seo-gu G forest, Defendant C with respect to the share of 6/18 square meters, Defendant D, E, and F, respectively, 4/18.

Reasons

1. Basic facts

A. On February 11, 199, the Plaintiff entered into a sales contract with the deceased B (hereinafter “the deceased”). On February 11, 199, the Plaintiff entered into a sales contract with the content that the Plaintiff purchases from the deceased the forest indicated in paragraph (1) of this case (hereinafter “the instant forest”) and H21,719 square meters of the purchase price of KRW 530,00,000,000.

(hereinafter “instant sales contract”). B.

1) On March 25, 1999, the Deceased completed the registration of ownership transfer on H 21,719 square meters of the land of this case with respect to the forest of this case on March 6, 199, the Plaintiff completed the registration of right to claim ownership transfer under the Plaintiff’s name on March 6, 199, and completed the same provisional registration under the name of J on May 19, 199, and revoked the provisional registration under the Plaintiff’s name.

C. The instant forest was located within the land transaction permission zone at the time of the instant sales contract. The designation of the land transaction permission zone for the instant forest was cancelled on May 24, 2013.

The Deceased’s Death Death died on August 21, 2018 during the instant lawsuit. Defendant C’s wife, Defendant D, E, and F are children of the Deceased.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendants, as the inheritor of the deceased, are obligated to implement the registration procedure for transfer of ownership based on the sales contract of this case as to the shares of 6/18 among the forest land of this case, and the shares of 4/18 of the Defendants D, E, and F, to the Plaintiff.

3. Judgment on the defendants' assertion

A. The Defendants asserted the invalidation of the instant sales contract, claiming that the Plaintiff and the Deceased cancel the provisional registration under the name of the Plaintiff on the forest of this case, and that the instant sales contract was invalidated by completing the provisional registration under the name of J.

According to Gap evidence No. 1, the records are as follows.

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