소유권이전등기 등 말소등기청구의 소
1. The Defendant received, on March 21, 201, the registration office of the Seoul Eastern District Court with respect to the real estate stated in the attached list from the Plaintiff.
1. Facts of recognition;
A. C and D, as married couple, had children among them, the Plaintiff and E.
B. C owned the Jongno-gu Seoul Metropolitan Government F apartment G during the marriage period with D, and sold the apartment as indicated in the separate sheet (hereinafter “instant apartment”) by the removal and reconstruction of the said apartment, and made it possible to conclude the sales contract for the said apartment in the name of the Plaintiff, the South-Nam-gu, under the name of the Plaintiff.
Accordingly, after the registration of ownership preservation was completed in the name of EP on August 14, 2007 with respect to the apartment of this case, the registration of ownership transfer was completed in the name of EP on October 8, 2007 under the name of the Plaintiff who was the seller for sale on June 4, 2007.
C. The Plaintiff paid KRW 5,00,000 on May 22, 2007, and KRW 5,000,000 on May 23, 2007, and KRW 320,000 on a monthly basis as interest on intermediate payment from September 2007 to August 2008. However, the Plaintiff paid KRW 320,00 on a monthly basis as interest on intermediate payment, but paid the intermediate payment, balance, acquisition tax, registration tax, etc. necessary for the purchase of the instant apartment.
On June 13, 2011, the Plaintiff completed the registration of transfer of ownership with respect to the instant apartment on the ground of the donation from June 10, 2011 to D. The Plaintiff completed the registration of transfer of ownership with respect to D on the ground of the termination of the agreement on the said donation on August 1, 2011.
E. Since March 21, 2013 regarding the instant apartment in the name of the Plaintiff, the Plaintiff’s wife Dong E, was completed on March 21, 2013 on the following grounds: (a) ownership transfer registration was completed on March 18, 2013 for the instant apartment in the name of the Plaintiff (hereinafter “instant ownership transfer registration”).
[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2, Gap evidence 2-1, Gap evidence 3, Gap evidence 4, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion 1 of the parties is the true owner who was donated the apartment of this case from his parents to purchase it under the name of the plaintiff, and the defendant and E.