beta
부산지방법원 2015.01.22 2013가합8178

건물소유권이전말소등기 절차이행청구 등

Text

1. For the plaintiff B:

A. Defendant C’s KRW 63,510,830 as well as 5% per annum from April 12, 2013 to January 22, 2015.

Reasons

1. Basic facts

A. F and G (hereinafter “the deceased couple”) entered into a donation contract with Defendant C on July 13, 1974 on the following day: around 15, 1972: (a) the building specified in attached Table 1 List 1 (hereinafter “the instant inspection site”) was newly constructed on the ground and its adjacent area of H 4,661 square meters of forest land (hereinafter “the instant inspection site”); and (b) the Defendant C was entrusted with the operation of the instant inspection; (c) around 1974, the Plaintiff completed the registration of ownership transfer on the ground of the instant donation contract with Defendant C on the 1974.

B. Meanwhile, on September 1, 1972, Plaintiff A is the son of the deceased’s husband and wife, Plaintiff B is the wife of Plaintiff A, and Plaintiff A completed the registration of transfer of ownership with respect to the instant temple site on September 1, 1972, where the road (attached Form 2 No. 14, 15, 16, 17, 18, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14 successively connected to the instant temple (hereinafter “instant road”); and Plaintiff B completed the registration of transfer with respect to the instant temple site on July 10, 1980.

C. From around 1987, FA and around 1988, even after G died, Defendant C continued to operate the instant inspection, and on September 22, 1988, the registration of ownership preservation was completed in its name with respect to the buildings listed in the [Attachment 1] List 2 (hereinafter “BB”) among the instant inspection.

After that, on November 5, 2009, Defendant C entered into a donation agreement with Defendant D on the instant temple, including Dae-ju and obstacles, bonds, and buildings listed in the attached Table 1(3) (hereinafter “industrial complex”). On the same day, Defendant D completed each registration of transfer of ownership as to the instant temple on January 26, 201, and Defendant D completed each registration of transfer of ownership as to the instant temple from November 2009. The instant inspection was conducted from November 2009.