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(영문) 울산지방법원 2015.08.28 2015가단5728
소유권이전등기 절차이행
Text

1. The plaintiff's claim is dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. From around 1978 to 1979, the village structure project was promoted by making land, such as the C ditch, D answer, etc. in Ulsan-gun, Ulsan-gun, Seoul-do, and the project site prior to subdivision.

B. (1) As part of the foregoing project, Nonparty Party B, as part of the said project, purchased B ditch B, which was subdivided from Nonparty F before the said division (a change of land category, administrative district, etc. was made; hereinafter the same shall apply) from Nonparty F, and newly constructed a house, stable, etc. (hereinafter the instant G land) on the said land after obtaining permission for use from the Defendant, etc. on the said land for G 393 square meters (a change of land category, administrative district change was made; hereinafter the same shall apply) divided from D field before the said division.

(2) On March 7, 1981, E completed the registration of ownership transfer for the instant G land, while completing the registration of ownership transfer for the instant G land, etc. in its future.

C. (1) E, on September 30, 1996, donated the instant G land and the instant housing to the Plaintiff, a son on September 30, 1996.

(2) On October 1, 1996, the Plaintiff completed the registration of ownership transfer based on the instant donation with respect to the instant G land and the instant housing.

On December 20, 1996, E concluded a sales contract with the Defendant to the effect that “The Defendant sells the instant land to E in 72.90,000 won, but E pays the said purchase price in installments.”

(hereinafter referred to as the “instant trade”). E.

E Dec. 3, 1997, died on January 3, 1997, and E’s heir has several children in addition to the Plaintiff.

F. After the death of E, the Plaintiff continued to pay in installments the payment under the instant sales contract to the Defendant under the name of E, and the sales amount under the instant sales contract is currently paid.

[Reasons for Recognition] There is no dispute, Gap evidence 1, Gap evidence 2-5, Gap evidence 3-1-3, Gap evidence 4, Gap evidence 5-1 through 7, Gap evidence 5.

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