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(영문) 제주지방법원 2018.01.12 2016가단53052

소유권말소등기

Text

1.(a)

Defendant C, among the 381m2 in Seogpo-si D, Seopo-si D, 381m2, each of the following items: 1, 2, 3, 4, and 1.

Reasons

Basic Facts

A. On November 3, 1994, the Plaintiff jointly owned 303 square meters (hereinafter “F land before division”) prior to Seogpopo City, Seopo-si, Seopo-si, 1994 with wife G, and owned it solely until now after having transferred G’s shares on October 1, 199.

B. On November 14, 2002, at the size of 303 square meters, from the 303 square meters in Seopo-si, Seopopopo-si, F.D., at the same time, the portion of 28 square meters in the ship (A) connected each point of 1, 2, 3, 4, and 1, which was divided into 28 square meters in the ship (hereinafter “instant portion”) before E. On December 27, 2002, the transfer registration on the ground of sale was completed on December 11, 2002 under the name of Defendant B, and on April 22, 2003, the transfer registration on the ownership was completed on April 14, 2003 under the name of Defendant C.

C. Following the merger on June 3, 2004, the E-gi 28 square meters in Seopo-si, Seopo-si, Seopo-si, Seopo-si (hereinafter “D land prior to the merger”) was combined with 25 square meters in Seopo-si, Seopo-si, Seopo-si (the same day was changed as before the previous land category), H large 24 square meters, I large 25 square meters in size, and currently the D large 381 square meters in Seopo-si, Seopo-si, Seopo-si is owned by Defendant C.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 2 and Eul evidence Nos. 3 (including the provisional number), the purport of the whole pleadings, the plaintiff's assertion, and the plaintiff's assertion-related relationship with the plaintiff's assertion-making, as of around 2002, J leased the plaintiff's seal from the plaintiff when it requires the plaintiff's consent to use the land before division in order to obtain a building permit regarding D land prior to the merger of the master's ownership. The portion of this case was divided without the plaintiff's consent, and completed the registration of transfer of ownership in the defendant Eul's name, and completed the registration of transfer of ownership in the defendant Eul's name in succession. The above registration of transfer of ownership

Judgment

As to whether the Plaintiff sold or sold the portion of the instant case to Defendant B, there is no evidence to acknowledge it, and instead, in full view of the entries in the evidence Nos. 1 and 5, and the purport of the witness J’s testimony and the entire pleadings, the Defendants are the parts of the instant case.