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(영문) 수원지방법원성남지원 2015.09.17 2015가단208442

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Each land listed in the separate sheet (hereinafter “instant land”) was jointly owned by the Defendant, C (3/14 shares, respectively), Plaintiff, D, E, and F (2/14 shares, respectively). As to the Plaintiff’s shares, the transfer registration for shares was completed in G on the same day due to a compulsory auction conducted on July 14, 2011.

B. Since then, the registration of share transfer was completed on June 9, 2014 due to the partition of co-owned property as of May 26, 2014. As a result, co-owners and co-ownership became as follows.

(1) The defendant, C (No. 1,165/4,658 shares), D, E, F (No. 776/4,658 shares), and (2) the defendant, C (No. 296.5/1,87 shares), D, E, and F (No. 198/1,87 shares), respectively.

C. On May 28, 2014, the Defendant completed the registration of transfer of shares on June 9, 2014 with respect to 100/1,187 shares out of its shares in land 2.

On the other hand, on August 2, 2013, the Plaintiff and the Defendant (the Plaintiff’s mother) agreed that “the Defendant shall gratuitously transfer 200 square meters (61.157025 square meters) of the Defendant’s share in the ownership of land 998.142 square meters x 1,187 square meters of the Defendant’s share in the ownership of land 3/14 and 254.357 square meters x 3/14 square meters of the Defendant’s share in the ownership of land 2 at the time of the sale of land x 3/14 square meters of the Defendant’s share in land 200 square meters (hereinafter “instant donation agreement”).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Assertion and determination

A. 1) The Plaintiff’s assertion 1) The Defendant completed the registration of co-owned property partition on the ground of the above co-owned property partition, and sold part of the shares in the land No. 2 to F, thereby fulfilling the conditions indicated in the instant donation agreement. Therefore, the Defendant is obligated to complete the registration of ownership transfer on the real estate indicated in the separate sheet on the ground of the instant donation agreement to the Plaintiff.