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(영문) 대구지방법원상주지원 2016.11.16 2016가단1266
소유권이전등기
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. If Gap evidence Nos. 1 through 4 (including the number of branch numbers; hereinafter the same shall apply) added the whole purport of pleading to each entry, the non-party deceased shall be held liable for the registration of ownership transfer for the real estate of this case to the plaintiffs on Aug. 18, 1989 by entering into a sales contract with the defendant to purchase the "25,785 square meters of E, E, Si, Do, and F, 830 square meters of land" in KRW 10,000,000 and around September 1989. D, among them, completed the registration of ownership transfer for the above E, forest and F, around October 1989; D, after death on December 3, 2014, it can be recognized that the plaintiffs succeeded to D, barring special circumstances.

2.(a)

In regard to this, the Defendant asserts that the right to claim for ownership transfer registration based on the above sales contract for the instant real estate has expired, so the right to claim for ownership transfer registration based on the above sales contract shall commence from September 1, 1989, which is the date of the sales contract. Since it is obvious that the instant lawsuit was filed on April 20, 2016, the above right to claim for ownership transfer registration has expired by prescription.

B. The Plaintiffs have occupied and managed the instant real estate upon delivery, and thus, there is no evidence to acknowledge that the extinctive prescription does not run.

3. Therefore, all of the plaintiffs' claims are dismissed as it is without merit. It is so decided as per Disposition.

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