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(영문) 대전지방법원홍성지원 2016.08.17 2015가단12918
매매계약해제에 따른 원상회복청구
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On May 9, 201, the Plaintiff purchased 800 square meters of C road (hereinafter “instant land”) from the Defendant on May 9, 201 (hereinafter “instant sales contract”). The terms and conditions of the instant sales contract include the following: “The buyer bears the taxes and public charges, such as capital gains tax and inheritance tax, to be borne by the seller under this contract, and the amount to be borne is added to the contract amount” (paragraph (1) and “this purchase and sale of this land shall not be allowed to raise an objection to the subsequent sales contract after the purchase and sale of this land as a road (paragraph (4)).

(hereinafter “instant special agreement”). On May 30, 201, the Plaintiff, on behalf of the Defendant, completed the registration of ownership transfer based on the instant sales contract in the name of the Plaintiff at the same time with respect to the instant land registered under the name of the Defendant.

In Sdong-si Branch of Daegu District Court Decision 2012Ga2054, the Defendant filed a lawsuit to cancel the registration of transfer of ownership in the name of the Plaintiff on January 1, 1983 with the knowledge that the prescriptive acquisition of the instant land was completed on January 1, 1983. The Defendant sold the instant land to the Plaintiff on May 9, 201, and completed the registration of transfer in the name of the Plaintiff on May 30, 201, and the Plaintiff actively included such acts, and thus the instant sales contract is null and void. The Plaintiff sought implementation of the registration procedure for transfer of ownership based on the completion of the prescriptive acquisition of the instant land, and filed a lawsuit against the Plaintiff on behalf of the Defendant for the cancellation of the registration of transfer of ownership in the name of the Plaintiff, in order to preserve the right to claim for transfer of ownership against the Defendant.

On October 25, 2013, the court below sold the instant land to Defendant A and transferred the registration of transfer of ownership, even though the Defendant was aware of the completion of the prescriptive acquisition at Ansan-dong, as the owner of the instant land.

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