beta
(영문) 인천지방법원 2016.06.10 2016가단1990

소유권이전청구권가등기말소등기 등

Text

1. As to the Plaintiff’s share of 1/14 square meters out of 834 square meters in Incheon Strengthening-gun B, Incheon District Court’s reinforcement registry office on March 2, 2013.

Reasons

1. Facts recognized;

A. On April 8, 2013, C acquired ownership of B large 834 square meters (hereinafter “instant site”) in Incheon-gun, Incheon-gun, and completed construction with permission for new construction of multi-household housing (2 Dong 14 households; hereinafter “multi-household housing in this case”) on the relevant ground, and on August 23, 2013, registration of preservation of ownership was completed under C’s name for multi-household housing in this case.

B. After that, the registration of the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on September 17, 2013 by the Incheon District Court’s reinforcement registry office of the Incheon District Court as of September 17, 2013 under the name of D, and the provisional registration of the right to claim ownership transfer was completed on September 17, 2013. The Defendant acquired 1/14 shares out of the above right to claim ownership transfer from D on May 26, 2014, and received the registration of transfer on May 30, 2014.

C. In addition, the Defendant received from C the registration of establishment of each of the instant sites (hereinafter “registration of establishment of each of the instant sites”) under the No. 31951, Dec. 20, 2013 of the same registry office on the grounds of a contract to establish a contract on October 15, 2013, which was received as of October 16, 2013 by the same registry office, as of October 16, 2013 and December 20, 2013.

Meanwhile, on September 17, 2013, the Plaintiff received the registration of the right to claim ownership transfer from C on September 16, 2013 regarding the instant multi-household 1, 301, and completed the principal registration on September 8, 2015, on the basis of the above provisional registration. On September 8, 2015, the Plaintiff received the registration of transfer of shares on September 4, 2015 for 1/14 shares (the entire C shares) of the instant site from C on September 4, 2015.

E. The instant multi-household house owned by D (3/14 shares) and E (5/14 shares), F (3/14 shares), G (1/14 shares), and H (1/14 shares) in the name of E (5/14 shares), E (3/14 shares), G (1/14 shares), and H (1/14 shares) around March 7, 2014, with respect to the remainder of shares other than the shares transferred to the Defendant among the provisional registration of ownership transfer claims in D’s name.