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(영문) 수원지방법원안양지원 2015.12.10 2015가단104969

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The defendant is the father of the plaintiff A, and the plaintiff B is the mother of the plaintiff A.

B. During the period of Gyeyang-si on December 7, 2005, the ownership transfer registration under the name of the defendant was completed on the grounds of the sale as of September 30, 2005 with respect to the land D (hereinafter “instant land”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 2, and the purport of whole pleading

2. Determination on the cause of the claim

A. The summary of the plaintiffs' assertion is that the defendant purchased the land of this case with the plaintiffs' funds and received the registration of transfer in the name of the plaintiff A, and the registration of transfer was made in the name of the defendant at will.

Therefore, the defendant is obligated to execute the registration procedure for transfer of ownership on the land of this case as the first donation made from September 30, 2005, around the plaintiff A, on the ground of the second donation made from December 7, 2005, and the defendant is obligated to pay interest on the purchase cost of this case to the plaintiffs since the defendant delayed the obligation to implement the registration procedure for transfer of ownership.

B. We examine the judgment, and there is no evidence to acknowledge that the defendant donated the land of this case to the plaintiff A on December 7, 2005 or September 30, 2005 (the date of sale or the date of application for registration). Thus, the part of the plaintiff A's claim for the transfer registration of ownership is without merit, and the part of the plaintiffs' claim for the transfer registration of ownership is without merit.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiffs' claims in this case are without merit.