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(영문) 전주지방법원 2019.04.30 2018가단17633

소유권이전등기

Text

1. The part of the Plaintiff’s claim for cancellation of the registration of establishment of a neighboring establishment against Defendant B is dismissed.

2. The defendants are the defendants.

Reasons

1. Facts of recognition;

A. 50 square meters in the Seoul Special Metropolitan City, Chungcheongnam-gu D Railroad site (hereinafter “instant one”) are specified in the possession of Jeonju-si and Defendant B. Of the instant land, 10/50 shares in the name of Jeonju-si, and 40/50 shares in the instant land were registered under the name of Jeonju-si, and the registration of transfer of each share in the name of Defendant B with respect to the share of 40/50 in the instant land.

B. On May 9, 1997, the Plaintiff purchased a portion of 11 square meters in the ship (B) and completed the registration of transfer of shares (10/50 shares) in the name of the Plaintiff on June 11, 1997, by classifying the items in the attached reference table No. 1, 2, 12, 13, and 11 square meters among the instant land owned by Jeonju-si from Jeonju-si.

Meanwhile, on the other hand, on February 8, 1999, Defendant B sold to F a separate 39 square meters of the portion (A) part of the attached 39 square meters connected in the order of 12,3,4,13, and 12 in the attached reference reference table to his own ownership among the land of this case on February 8, 199, and completed the registration of transfer of shares (40/50 square meters) in the name of F on March 3, 199, while purchasing from F on February 27, 2007 the same part (A) 39 square meters from F on March 19, 207, Defendant B completed the registration of transfer of shares (40/50 shares) in the name of Defendant B on March 19, 207, on March 30, 2009, and completed the registration of partial transfer of shares with respect to 40/100 shares.

C. The land of this case is originally owned by specifying the portion owned by G and H in its original possession, but one-half of the two shares of each of the instant land of this case was registered for the transfer of ownership. D.

On August 23, 1991, the Plaintiff purchased the portion (D) of 225 square meters in the ship connecting each point of No. 11, 1, 13, 14, 15, 16, 17, 9, 10, and 11 in the attached reference table owned by H among the instant land No. 2 from H from August 23, 1991, and completed the registration of transfer of shares (1/2 shares) in the name of the Plaintiff on September 14, 1991.

On the other hand, on September 5, 1986, Defendant B purchased the portion (C) in the ship connecting each point of 13, 4, 5, 6, 7, 8, 17, 16, 15, 14, and 13 in the attached reference table owned by G among the land of this case on September 5, 1986 by dividing it into 248 square meters. < Amended by Presidential Decree No. 12208, Sep. 6, 1986>