소유권이전등기말소등 청구의 소
1. Of the instant lawsuit, the part of the Plaintiff’s primary claim against Defendant B and Defendant C is dismissed, respectively.
2. Defendant D.
1. Basic facts
A. On February 23, 2018, the Plaintiff established a J Co., Ltd. (hereinafter referred to as the “J”) with the head office of Ulsan-gun H (former lot number: Ulsan-gun I) and operates the J for about 40 years until he/she retires from office as a representative director and in-house director.
Defendant B (K) is the Plaintiff’s son and Defendant C (LL) are the Plaintiff’s son, and Defendant E was the former owner of the land of 388 square meters in the G warehouse site in Ulsan-gun, Ulsan-gun (hereinafter “instant land”). Defendant D was the former owner of the land of 254 square meters prior to the Ulsan-gun F, Ulsan-gun, Ulsan-gun, and the former owner of the land of 1,462 square meters prior to M, and the former owner of the land of 711 square meters prior to N.
[The land of 254 square meters prior to the Ulsan-gun, Ulsan-gun, Seoul-gun, the land of 1,462 square meters prior to M, and the land of 711 square meters prior to N, was combined into the Flux 2,427 square meters in Ulsan-gun, Ulsan-gun on October 22, 2010, and on February 22, 2016, one of which is divided and divided into one square meters in the area of 1 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, the domicile of the head office at present.
(B) The land of the F 2,426 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun after division, is “the land of the instant case 2” and the land of the instant case is “each of the instant land” collectively referred to as “the land of the instant case”.
As to the land No. 1 of this case, Defendant C completed the registration of transfer of ownership based on sale on March 8, 200, the Ulsan District Court Decision 17952, Feb. 10, 2000, and completed the registration of transfer of ownership based on sale on February 14, 2003, Ulsan District Court Decision 14576, Feb. 10, 2003.
Defendant B completed the registration of ownership transfer based on sale on February 10, 2003, No. 14576, Ulsan District Court received on February 14, 2003, with respect to one half of the land of this case.
C. At present, the land No. 1 is currently used as the warehouse site of J, and the land No. 2 is used as the J garage respectively.
[Reasons for Recognition] Facts without dispute, entry in Gap evidence 2 and 3 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of parties' arguments;
A. The plaintiff 1's primary assertion is the defendant 1.