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(영문) 서울중앙지방법원 2021.03.11 2020가단5218331
소유권이전등기
Text

1. The Defendant’s ground for the completion of the statute of limitations on the acquisition of possession on January 16, 1994 with respect to the Plaintiff of Jung-gu Seoul Special Metropolitan City B, 108 square meters.

Reasons

1. Basic facts

A. The Plaintiff related to the parties is the wife of the deceased C (hereinafter “the Deceased”), who is the inheritor of the deceased, and the Defendant is the owner of the Jung-gu Seoul Metropolitan Government B large 108m2 (hereinafter “instant land”).

B. (1) On January 10, 1967, the Plaintiff entered into a sales contract for State property of the Deceased and entered into a sales contract with the tax office in Busan, which managed the instant land: KRW 823,000, and payment method for the instant land: Five years each year.

3. On January 31, 31, a sales contract for State-owned property (hereinafter “instant sales contract”) was concluded, which was entered into by payment in installments, etc. of KRW 164,600.

2) According to the instant sales contract, the Plaintiff paid KRW 164,600 on January 10, 1967, and KRW 164,600 on April 1, 1968 and interest KRW 40,315 on delay.

(c)

1) After the network D’s succession to the purchaser status of the instant sales contract, the deceased agreed that the name of the purchaser under the instant sales contract shall be succeeded to between the deceased and D around August 1968.

2) On October 1968, the Deceased, the network D, and the Namsan Tax Office concluded a renewal of the contract for the sale of state property with the content that “the Deceased and the deceased shall jointly assume their responsibilities for all defects arising from the renewal of the contract for the instant land, and the network D shall succeed to each contract clause entered into in the contract for the instant case and implement it.”

3) Even after the renewal of the contract, the Deceased began to pay each year the balance under the instant sales contract on behalf of the deceased, and paid in full the purchase price set forth in the instant sales contract on January 24, 1972, and on the receipt from February 12, 1970 to January 24, 1972, the Deceased’s name was written and the receipt was kept by the Deceased.

(d)

1) On the ground of the land of this case, the deceased’s possession and possession of the building on the ground of this case (hereinafter “the instant housing”) was constructed annually and sap 2 house per annum and sap 16 to 16 to 2, and 13 to 13 to 2, respectively (hereinafter “the instant housing”).

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