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(영문) 서울중앙지방법원 2015.10.16 2014가합48083

부동산소유권이전등기

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1. The plaintiff and the plaintiff (appointed parties)'s claims are all dismissed.

2. The costs of litigation are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On October 24, 2000, NonSS Group Co., Ltd. (hereinafter “NonS Group”) completed the registration of ownership transfer with respect to H 3,776.7 square meters and 10 square meters of land in Jung-gu Daejeon, Daejeon, and commenced the business of newly building and selling a building on the above ground.

After that, HJ large 3,776.7 square meters were divided into H large 3,421 square meters and J large 35.7 square meters on November 1, 2002.

NonS Group changed its trade name on April 13, 2005 to Filisung shopping mall Co., Ltd. and on January 13, 2006 to Matti Co., Ltd. (hereinafter “Matti”)

B. On March 31, 2006, Meti City completed the registration of transfer of ownership based on the trust with respect to the Defendant of the Daejeon Jung-gu H 3,421 square meters, and I large scale 10 square meters.

C. On February 20, 2007, Meti City completed the registration of transfer of ownership with respect to the land of 17.7 square meters in Jung-gu Daejeon, Daejeon, and on May 28, 2007, Meti completed the registration of transfer of ownership with respect to the above land on the ground of trust. D.

on March 21, 2008, Sungwoncom Co., Ltd. (hereinafter referred to as "Mawoncom") purchased from M& 3,421 square meters in Daejeon-gu, Daejeon-gu, and 10 square meters in I, 17.7 square meters in K, and completed the registration of ownership transfer on the same day (hereinafter referred to as "the instant land"), and acquired the business right of the instant land after being transferred to the owner of the building of 15th floor (hereinafter referred to as "the instant building") under the name of the owner of the building newly built on the said land.

on the same day, Sungwoncom completed the registration of transfer of ownership on the land of this case to the defendant on the same day.

E. The Sungwoncom completed the new construction of the instant building, and completed the registration of ownership preservation on June 8, 2010, and completed the registration of ownership transfer on March 11, 2011 to the Defendant on the ground of trust regarding the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 2-1, 2-2, Eul evidence 1-1 to 4, and the purport of the whole pleadings.