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(영문) 대구지방법원경주지원 2014.11.04 2014가단2788
소유권이전등기
Text

1. The Defendants, among the 13th 5th flusium 13th flusium, are the Plaintiff’s shares in the 3/7th flusium.

Reasons

1. Basic facts

A. Nonparty F owned 13 square meters and 307 square meters in racing-si, E-si (hereinafter “instant land”) and on its ground, and sapap 13 square meters in a sapap sap 13 square meters in a dry house (hereinafter “instant building”).

B. On September 3, 2003, the Plaintiff completed the registration of ownership transfer based on the sale on the same day as the Daegu District Court’s racing support received on the same day under Article 47287 of the same Act.

C. As Nonparty F died on December 31, 2013, Defendant C and D, his spouse, jointly inherited the said F’s property.

(The inheritance shares of Defendant B are 3/7 and the inheritance shares of Defendant C and D are 2/7, respectively). The ground for recognition is without dispute, the entry of No. 3-1 and No. 2-2, and the fact-finding with respect to the head of Sungsung-si. The purport of the whole pleadings is the result of the fact-finding.

2. The allegations and judgment of the parties

A. The plaintiff alleged by the parties: The plaintiff completed the registration of ownership transfer only for the land of this case by mistake, even though he purchased the land and buildings of this case from F on September 2, 2003.

Therefore, the Defendants, F’s inheritors, are obligated to implement the registration procedure for ownership transfer on the instant building on September 2, 2003 to the Plaintiff.

The Defendants: ① only sold the instant land to the Plaintiff, but not sold the instant building.

The real estate sales contract (Evidence A No. 1) submitted by the Plaintiff is forged.

② The Plaintiff’s right to claim ownership transfer registration of the instant building had expired by prescription.

B. Whether the Plaintiff entered into a sales contract with the Plaintiff and F with respect to the instant building, the instant building existed on the ground of the instant land at the time when the registration of ownership transfer was completed in its future by purchasing the instant land from F and completing the registration of ownership transfer in its future, and the Plaintiff has the registration certificate of ownership preservation that was completed in F future. Other various circumstances.

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