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(영문) 서울중앙지방법원 2017.08.18 2016가단145387
소유권이전청구권가등기말소등기
Text

1. The Plaintiff (Counterclaim Defendant) shall acquire by prescription on April 28, 2009 from the Defendant (Counterclaim Plaintiff) the land indicated in the separate sheet.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On March 27, 1989, the Plaintiff’s mother B promised with the Defendant to sell to the Defendant the amount of KRW 39,750,000 square meters prior to the Gangseo-gu Seoul Special Metropolitan City, Gangwon-do, which includes the instant land, KRW 446 square meters prior to the division, KRW 2089 square meters prior to D, KRW 1213 square meters prior to the division, KRW 2086 square meters prior to F, and KRW 2321 square meters prior to the division (hereinafter “land prior to the division”). The Defendant agreed to sell to the Defendant a pre-sale agreement with the content that accepts the pre-sale agreement (hereinafter “instant pre-sale agreement”), and the Defendant paid damages equivalent to the amount agreed with KRW 39,75,00,00 to the Defendant by April 28, 1989, the said pre-sale agreement is cancelled, and even if B did not pay the said amount by the time limit, the Defendant had the right to claim the transfer of ownership on the instant land under the pre-sale agreement.

B. The Plaintiff and the Defendant concluded a sales contract with respect to the land before the same day as the purchase price of KRW 39.75 million, which requires that the intermediate payment of KRW 20 million shall be paid in April 13, 1989, and the balance of KRW 16.75 million shall be paid in April 28, 1989 (hereinafter “instant sales contract”). After the payment of the purchase price in full, the Defendant received a certificate of registration of the right to the land before the division from B and possessed it until now, and has paid various taxes imposed on the land before the division.

C. Of the land before subdivision, the remainder of the land, other than G land, was divided as shown in the annexed land division, and the Defendant completed the registration of ownership transfer in its name with respect to H, I, and J, the land category of which has been changed to miscellaneous land.

B The Plaintiff died on April 26, 2014, and the Plaintiff died on the instant land.

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