beta
(영문) 광주지방법원 2018.02.14 2017가단501332

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (i) On March 6, 1981, H completed the registration of ownership transfer based on sale and purchase with respect to the total area of 1282 square meters of land in Seo-gu, Gwangju, J, K, K, L, M, and N on March 6, 1981, and the said land was merged into the land of 1282 square meters of land in Seo-gu, Gwangju (hereinafter “H land”) on December 22, 1999.

P Of the Seo-gu, Seo-gu, Gwangju (hereinafter “O”) on January 9, 1992, P completed the registration of ownership transfer for shares of 305/635, Q, R, and S, each 110/635, based on each gift.

On July 14, 1992, Q Q from among the shares of the above P completed the registration of ownership transfer based on each gift, as to the shares of 32025/19355, R and S, respectively.

Consolidatedly, on November 17, 2016, F & 14 square meters (hereinafter “instant land”) were divided from the O’s land, and this part of land was not divided before and after the division.

Applicant T completed the registration of ownership transfer based on sale and purchase with respect to the Seo-gu, Seo-gu, Seo-gu, Gwangju (hereinafter “U land”) on April 2, 1970, Q has completed the registration of ownership transfer based on the gift as to the share of 12/469 out of the above real estate on July 22, 1992.

(v) on November 17, 2016, G large 49 square meters (hereinafter “instant 2 land”) was divided into the land in U’s land, without distinguishing the land before and after the division.

B. (i) On May 20, 201, the Defendant entered into a sales contract between H and the Defendant to purchase H land and its ground buildings in KRW 1,004,00,000 (hereinafter “instant sales contract”) and completed the registration of ownership transfer for H land on July 6, 201.

On January 13, 2012, in H land, the Seo-gu, Seo-gu, Gwangju was divided into 25 square meters.

After dividing on February 7, 2012, the Defendant constructed a building of three-story education and research facilities on the land of 1,257 square meters in Seo-gu, Seo-gu, Gwangju (hereinafter “Defendant’s land”), and completed registration of preservation of ownership.

Dor. The defendant H.