beta
(영문) 인천지방법원 2014.08.26 2014가합4114

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. On December 30, 1991, the Plaintiff and the Defendant completed the registration of ownership transfer based on the sale on September 10, 1982 with respect to the land of this case, the Defendant registered as the owner of the land of this case until now.

B. On March 7, 2001, the Plaintiff completed the registration of initial ownership as to the real estate listed in Attachment List No. 2 (hereinafter “instant building”) on the ground of the instant land (hereinafter “instant building”), along with the Plaintiff’s arbitr and Nonparty D, who is the Defendant’s arbitr and Nonparty D. On March 29, 201, the Plaintiff transferred the entire shares owned by Nonparty D from Nonparty D, and currently registered the instant building as the Plaintiff’s sole ownership.

C. From March 1990, the Plaintiff started the preparation of the instant building on the instant land as a building other than the instant building, and completed the business registration with the trade name “E” around October 1994.

On March 2001, the Plaintiff started the public bath business with the trade name called “F”, separate from the above building.

At the beginning of the bath business, the plaintiff, the defendant, and the non-party D three persons were in partnership business, and around May 2003, the non-party D withdrawn from the partnership business, and on July 1, 2006, the plaintiff married to the bath business and thereafter thereafter the plaintiff was in operation of the bath.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including each number), witness D's testimony, purport of whole pleadings

2. As to the claim for the execution of the procedure for ownership transfer registration of the instant land, and the claim for the application procedure for ownership transfer registration of the instant building

A. The plaintiff's assertion 1 non-party D, at the time of September 10, 1982, decided the purchaser in the name of the defendant in the process of purchasing the land of this case from Incheon Metropolitan City and Metropolitan Cities at the time of Incheon, and the land of this case on the current registry is owned by the defendant alone, but in fact, the plaintiff is from the non-party D around January 1, 1989.