소유권말소등기
1. Each appeal by the Defendants is dismissed.
2. The plaintiff's claim against the defendants added in the trial of the court each.
1. The reasoning for the court’s explanation concerning this part of the basic facts is as follows: (a) among the judgment of the first instance court, (b) among the judgment of the third instance, (c) “D land” is “D land”; and (b) the second witness under the third part is “the witness of the first instance court” and “the first instance court’s basic facts” are the same as the part of the judgment of the first instance court, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. The Plaintiff and Defendant B determined the subject matter of the instant exchange agreement as “the outer wall of the building”, and the part of the B’s housing [attached appraisal map (hereinafter “appraisal map”) is deemed as “the outer wall of the building.”
) 표시 ㈀} 외에 담장 외벽 기준 밖에 있는 길 부분{감정도 표시 ㈂, ㈃} 및 창고 부분{감정도 표시 ㈁}, 정화조 부분{감정도 표시 ㈄}(이하 길과 창고, 정화조 부분을 합하여 ‘이 사건 계쟁 부분’이라 한다)은 위 교환약정의 대상이 아님에도, 피고 B가 이 사건 계쟁 부분까지 소유권이전등기를 마쳤다.
Therefore, the registration of ownership transfer on the part of the above dispute by Defendant B is null and void, and the registration of ownership transfer on the part of the dispute of this case by Defendant C, which was completed based on this, is also null and void.
Therefore, the Defendants are obligated to implement the registration procedure for cancellation of ownership transfer registration with respect to the part in the instant dispute to the Plaintiff.
B. Defendant 1) No. 4 (a sales contract) stating the purport of the exchange agreement between the Plaintiff and Defendant B is not prepared. This is not the original on which the Plaintiff and Defendant B’s seal is affixed, but the Plaintiff simply printed out and submitted a file stored on the computer in the instant litigation process. Moreover, the content of the evidence No. 4 differs from the status of divided land, and the real estate sales contract (B) attached at the time of transfer is inconsistent with the evidence No. 1 and cannot be believed as it is.
Defendant B.