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(영문) 서울남부지방법원 2020.12.15 2020가합109299
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The defendant on March 2, 2004, as to the real estate stated in the attached list to C.

Reasons

1. Basic facts

A. On March 2, 2004, C concluded a sales contract to purchase the E site amounting to KRW 200 million (hereinafter “instant contract”) from the network D (hereinafter “the network”) with respect to KRW 91.74 square meters (300 square meters) of the E site Nam-si, Namyang-si (hereinafter “the network”).

B. C On July 14, 2005, with respect to the portion of 4,500 square meters in the E Department 4,500 square meters in Namyang-si, Namyang-si, 2005, upon receiving a provisional disposition decision (the District Court Decision 2005Kadan5431) and completed the provisional disposition registration.

C. On July 5, 2011, the Deceased issued to C a letter indicating that, with respect to the share of F 4,500 square meters in Namyang-si, F 4,500 square meters, 91.74 square meters, the deceased will promptly depare the procedures for the transfer of name unless the local project is being carried out by the end of this year.

On February 2, 2018, the administrative district and the lot number of 4,500 square meters in Nam-si, Namyang-si, Namyang-si, are changed to F. F. 4,500 square meters in Nam-si.

E. On June 4, 2020, the Plaintiff and C concluded a transfer contract with respect to the real estate listed in the separate sheet (hereinafter “instant real estate”) with respect to which KRW 200 million is transferred to the Plaintiff (hereinafter “instant transfer contract”).

F. On September 19, 2013, the Deceased died, and G, H, and I, among inheritors, was rendered a judgment on renunciation of inheritance (Seoul Family Court 2013J 10545), and the Defendant was granted a qualified acceptance.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff asserts that since the plaintiff purchased the real estate of this case from C, the defendant, the heir of the deceased, is obligated to implement the procedure for the registration of ownership transfer of the real estate of this case.

Where real estate has been transferred by transfer, the final transferee shall not directly request the first transferor for the registration of transfer of ownership in his own name unless there is an agreement on the registration of transfer of real estate by transfer, and the final transferee shall directly file for the first transferor on the grounds of an agreement on the registration of middle omission.

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