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(영문) 광주지방법원 2021.01.28 2020가단526638

소유권이전등기

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The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Determination as to the cause of claim

A. The gist of the Plaintiff’s assertion was that the Plaintiff operated a money shed in the area of 2,500 square meters, etc., located in the Naman-gun, Chungcheongnam-gun, Naman-gun (hereinafter “E”) located in the area of 1,145 square meters (hereinafter “instant land”) prior to January 208, the Plaintiff used a money shed on the 80 square ground among the 1,145 square meters (hereinafter “the instant land”).

During that process, the Plaintiff decided to purchase 80 square meters from F around January 2008, among the instant land used as a site for a compost, KRW 12 million. According to the statement in F on January 10, 2008, KRW 6 million to F on January 10, 2008, and the statement in F’s husband F’s husband F on April 30, 208, G is the father of the Defendants by children of F.

6 million won has been deposited to G, respectively.

The Defendants were donated the instant land from F. The Defendants are obligated to perform each of the registration procedures for transfer of ownership on January 10, 2008 with respect to each of the instant shares of 132/1,145 out of the instant land to the Plaintiff.

B. According to the evidence evidence Nos. 1 through 3, Eul evidence Nos. 1, and Eul evidence No. 1, the plaintiff owned the land of Eul and completed the registration of transfer of ownership on the land of H and I on March 13, 2020 to H and I on February 25, 2020; F owned the land of this case and completed the registration of transfer of ownership on April 7, 2020 to the defendants who were grandchildren on April 30, 2020 on each of the land of this case on March 30, 200; the plaintiff paid KRW 6 million to F on January 10, 2008; and 6 million to G, the husband of F on April 30, 2008, respectively.

However, each of the above evidence and evidence set forth in the evidence Nos. 2 through 9 (including each number), which are acknowledged as being comprehensively based on the overall purport of the pleadings, is not prepared for a real estate transaction contract with the Plaintiff and the Defendant regarding 80 square meters out of the land in the instant case alleged by the Plaintiff, and the F acquired the ownership of the instant land and completed the registration of the transfer of ownership due to the gift to the Defendants.