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(영문) 인천지방법원 2018.07.18 2017가단258175

소유권말소등기

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1. The plaintiffs' primary claims and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. 1) The Plaintiffs and the Plaintiffs’ mother G are not in the ownership of the instant land (hereinafter “instant land”) but in the Yeonsu-gu Incheon Metropolitan City H large of 790 square meters (hereinafter “instant land”).

A) On September 28, 1992, Plaintiff A completed the registration of transfer of ownership with respect to Plaintiff B’s share on November 16, 2006, Plaintiff B’s share on November 16, 2006, and G on November 473/790 ( November 27, 1997) on November 6, 2006, and completed the registration of transfer of ownership with respect to the share 165/790 share on November 6, 2006.

(2) On November 26, 2009, the Plaintiffs and G concluded a sales contract with the content that each of the instant land included in the J urban development project site to sell 152/790 shares, 165/790 shares, 473/790 shares, and 153/790 shares in the instant land included in the J urban development project site.

3) The shares of the plaintiffs and G in each of the instant land in December 7, 2009 (G on December 23, 2009) are as follows: Defendant C Co., Ltd (hereinafter “Defendant C”) on the grounds of “the same day trust” (hereinafter “Defendant C”).

(2) Defendant D Co., Ltd. (hereinafter “Defendant D”) on the ground that the transfer registration was completed in the future, and on May 28, 2010, Defendant D Co., Ltd. (hereinafter “Defendant D”).

Defendant E Co., Ltd. (hereinafter “Defendant E”) on the grounds of “transaction on May 25, 2017,” and on May 31, 2017, the transfer registration was completed in the future.”

B) On August 3, 2001, G completed the registration of ownership transfer on the ground of “the inheritance due to the consultation and division on November 30, 1996,” and G completed the registration of ownership transfer on the ground of each 1/3 portion of the instant building as to each 1/3 portion of the instant building on November 1, 2006 to the Plaintiffs on November 6, 2006.

2. On December 7, 2009, the shares of 1/3 of the instant building owned by the Plaintiffs are “the same date trust”.