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(영문) 수원지방법원평택지원 2020.10.27 2020가단56344

소유권말소등기

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The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 14, 1949, the network E (hereinafter “the network”) completed the registration of transfer of shares on the ground of sale on December 4, 1948 with respect to one-fourths of each of the 1/4 shares of Pyeongtaek-si C, 1,652 square meters, D 83 square meters (hereinafter “C land,” and “D land,” and each of the above lands collectively referred to as “each of the instant lands”).

B. The Deceased died on March 7, 198. On December 31, 1990, the Plaintiff, the Defendant, the F, and G completed the registration of transfer of shares on the ground of inheritance with respect to the share 4/60 shares, F/60 shares, and G 1/60 shares, respectively. On January 4, 2002, the Plaintiff and the Defendant completed the registration of transfer of shares on the ground of inheritance with respect to the share 4/60 shares, F/60 shares, and 1/60 shares, respectively.

C. On September 25, 2002, the Defendant completed a share transfer registration on September 1, 200 with respect to the share of 4/60 of the Plaintiff’s title among land C, and completed the share transfer registration on January 4, 200 with respect to the share of 4/60 of the Plaintiff’s title among land D on January 4, 2002.

[Ground of recognition] Unsatisfy, entry of Gap evidence No. 3, purport of whole pleadings

2. The main point of the Plaintiff’s assertion is that the Defendant did not purchase or donated 4/60 shares in each of the instant lands under the Plaintiff’s name, and completed the registration of transfer of shares on the ground of sale and gift, under the pretext that each of the said shares should be assigned to the Plaintiff, and thus, the Defendant seeks the cancellation of each of the above shares transfer registration, which is null and void, against the Defendant.

Preliminaryly, the Plaintiff donated each of the above shares to the Defendant on the condition that the purchase price should be distributed after the disposal of other real estate. Since the contract of donation was revoked due to the Defendant’s failure to perform such obligation, the Plaintiff sought cancellation of each of the above shares transfer registration against the Defendant.

3. Determination

A. The real estate registration of the primary assertion itself is a formal existence.