소유권이전등기말소
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
1. Facts of recognition;
A. The Plaintiff (A, T birth) purchased on June 6, 1962 the land listed in the separate sheet (hereinafter “instant land”) and completed the registration of ownership transfer on June 26, 1962.
B. As to the instant land, the Defendant B completed the ownership transfer registration based on the sale on July 30, 2001 (hereinafter “instant ownership transfer registration”) issued by the Suwon District Court, Sung-nam Branch of Gwangju District Court (Seoul District Court), No. 34769, August 11, 2001, as to the instant land.
Since then, Defendant Gangnam-gu C&C Co., Ltd. (hereinafter “Defendant Company”) completed the registration of transfer of shares on March 10, 2010 with respect to the share of 145/496 out of the instant land as of March 17, 2010 received on March 17, 2010 by the same registry office, and Defendant C completed the registration of transfer of shares on March 10, 2010 with respect to the remaining share of 351/496 out of the instant land as of March 17, 2010, respectively.
C. On April 6, 2010, the instant land was divided into KRW 145 square meters (the land category is changed to a site on May 12, 201), KRW 342 square meters of rivers E (the land category is changed to a site on November 24, 201) and KRW 9 square meters of F Rivers (the land category is changed to a site on October 14, 201).
Defendant C completed the registration of ownership transfer based on the partition of co-owned property on April 6, 2010, under the Suwon District Court Sung-nam Branch Office of 17889, which received on April 9, 2010, as to the shares of 351/496 out of the D land after division as above, Defendant C completed the registration of ownership transfer based on the partition of co-owned property on April 6, 2010. Defendant C completed the registration of ownership transfer on April 9, 2010 with respect to the shares of 145/496 out of the above land, as the receipt of April 9, 2010 by the same registry office as to the shares of 145/496 out of the above F land, as the receipt on April 9, 2010 by the same registry office.
E. As above, D land after subdivision was combined with G land on May 6, 201, and became land No. 2 as indicated in the separate sheet (hereinafter “instant land”). The said E land was merged with I, J, K, and L on November 22, 2010, and became land No. 3 as indicated in the separate sheet (hereinafter “instant three land”); and the said F land was the land.