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(영문) 의정부지방법원 2018.11.15 2017가단113730

소유권말소등기

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. Defendant B related to the party is the denial of the Plaintiff’s large Arabic E, and Defendant D is the Plaintiff’s small father.

B. Land ownership-related 1) Land ownership-related 1901m2 (hereinafter “undivided land before division”) in the F-gun of Gyeonggi-gu, Gyeonggi-do prior to division, and each land is indicated as “each of the instant land” after division as “each of the instant land,” and as Gri parcel numbers.

With respect to H on November 18, 1980, the registration of ownership transfer was completed on November 15, 1980 in the Plaintiff’s future. On August 20, 1987, the registration of ownership transfer was completed on the ground of sale and purchase, and on August 4, 1987, the registration of ownership transfer was completed on August 4, 1987 in the Defendant B’s future on August 20, 1987.

Then, on December 13, 2016, I was divided into one of the following categories: I 278 square meters, L 168 square meters, respectively.

3) On February 17, 2017, the registration of ownership transfer was completed with respect to 1/2 shares of F, I’s entire land and 247 square meters of K-road, as to Defendant D’s donation on June 17, 1996. 【Ground for recognition’s absence of any dispute, Party A’s Nos. 1, 2, 3, and 11 (including household numbers, and evidence No. 81, 82, and 84).

2. Plaintiff’s assertion and judgment

A. On August 4, 1987, the Plaintiff did not enter into a sales contract for selling the mother’s land before subdivision to Defendant B.

Nevertheless, Defendant B’s husband and the Plaintiff’s large server, E, without authority, reported the Plaintiff’s seal as the Plaintiff’s seal imprint with an opportunity to keep the Plaintiff’s seal at the time, and prepared a certificate of sale in the name of the seller.

Therefore, the registration of transfer of ownership in the future of Defendant B on the land before subdivision (hereinafter “instant ownership transfer”) and the registration of transfer of ownership in the future of Defendant B on the F site 329 square meters, I 278 square meters, and K 247 square meters on the land before subdivision, which is completed in the future of Defendant D on the part of 1/2 of the F site and 247 square meters on the road.