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(영문) 제주지방법원 2018.12.05 2017나11988
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

2. In accordance with the conjunctive claim added by this court, the defendant shall be the plaintiff.

Reasons

1. The reasoning of the court’s reasoning concerning the determination of the basic facts and the primary claim is as stated in the reasoning of the judgment of the court of first instance, and thus, this part is cited by applying the main text of Article 420 of the Civil Procedure Act.

2. Judgment as to the conjunctive claim added by this Court

A. In a sales contract for the determination of the cause of claim, the subject matter and the price are not necessarily required to be specified at the time of conclusion of the contract, and it is sufficient if the method and criteria to specify it ex post facto are established (see Supreme Court Decision 96Da26176, Jan. 24, 1997). Accordingly, according to the above basic facts, it is reasonable to deem that the Plaintiff purchased from the Defendant 300 square meters near the Plaintiff’s 30th funeral in the real estate of this case among the real estate of this case. Thus, the subject matter can be specified ex post in light of the parties’ intentions and transaction practices, barring special circumstances, the Defendant is obligated to implement the registration procedure for transfer of ownership for the real estate of this case, namely, 300 square meters in accordance with the above criteria, among the real estate of this case, which is specified by the Plaintiff.

B. 1) The Defendant’s assertion on the defense of extinctive prescription 1) The part on the ship, which was connected in sequence of each point of 34, 35, 36, 37, 38, and 34 of the attached Table 1 among the instant real estate, is 169 square meters in the part on the ship (hereinafter “169 square meters in the part”) connected by the Plaintiff, even if he purchased 300 square meters among the instant real estate from the Defendant

The defendant uses and uses only the remainder as orchard, and the defendant uses and uses it as orchard. The plaintiff's right to claim the transfer registration of ownership in respect of the remainder of 300 square meters, excluding the remaining part of 169 square meters, was over 10 years from the date of the sales contract and has already expired by prescription.

On the other hand, the plaintiff asserts that "the plaintiff is claiming." On the other hand, the plaintiff connects each point of the attached Form 2. 3, 34, 35, 36, and 33 among the real estate in this case.

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