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(영문) 춘천지방법원강릉지원 2019.11.13 2019가단32190
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On June 8, 1993, the Plaintiff completed the registration of ownership transfer with respect to the 317 square meters in Gangseo-si Cung-si (hereinafter “instant land”).

B. The Plaintiff’s father D and Ma newly built and resided on the instant land, and father D and Ma suffered dementia from around 2010, and they reside on the mother E alone after the death of February 5, 2019.

C. The public auction procedure was initiated on April 2008 upon the application of the Korea Asset Management Corporation by failing to pay taxes to the State (Seodaemun) due to the Plaintiff’s business failure.

In the above public auction procedure, the defendant purchased 68,50,000 won on June 12, 2008 and paid 6,850,000 won on the same day.

8. The balance of 22.61,650,000 won was paid in full.

The defendant paid acquisition tax from the acquisition tax and the acquisition tax from the acquisition of the above ground by donation, and thereafter paid acquisition tax on the land and housing in this case.

[Ground of recognition] Facts without dispute, Gap 1 evidence, Eul 12 and 13 evidence (including paper numbers), the purport of the whole pleadings

2. The parties' assertion

A. On August 22, 2008, the Plaintiff’s assertion D received the instant real estate award from the Defendant in the name of the Defendant. Since the actual principal owner of the instant land is the South-North Korea, the Defendant later ordered the Plaintiff to return the instant land to the South-North Korea, and upon the Defendant’s consent, the contract was concluded between D and the Defendant for the Plaintiff, a third party.

Therefore, the Defendant is obligated to implement the procedure for the registration of ownership transfer of the instant land to the Plaintiff, a beneficiary under the above contract.

B. The defendant's assertion did not agree as alleged by the plaintiff, and even if based on the plaintiff's conjunctive assertion, the plaintiff's right to claim for the transfer registration of ownership of this case occurred under the agreement dated August 22, 2008 is ten years, and since the lawsuit of this case was filed after the completion of the above prescription period, the above claim was extinguished.

3. Determination A.

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