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(영문) 서울북부지방법원 2018.07.27 2017가단129923

소유권말소등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and the Defendant were living together from the mid-190s to the mid-2017.

B. The registration of the ownership transfer under the name of the Defendant was completed on June 12, 2002, on the ground of sale as of May 18, 2002 with respect to the area of 182 square meters in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant land”), and on October 20, 2014, the registration of the ownership transfer under the name of the E Association, the debtor and the maximum debt amount of which were KRW 216,00,000, was completed.

C. On June 17, 2015, the registration of ownership transfer was completed in the name of the Plaintiff on the instant land.

On July 20, 2015, the registration of creation of a neighboring mortgage on the instant land was cancelled on July 20, 2015, and on the same day, 456,000,000 won with the maximum debt amount, and the registration of creation of a neighboring mortgage in the name of the E Union that made the debtor the plaintiff was cancelled on August 1, 2016.

The Plaintiff decided to construct multi-household housing on the instant land and received a building permit in its own name.

On March 17, 2016, the Plaintiff newly constructed a multi-household house with five floors of reinforced concrete structure (hereinafter “instant building”) on the ground of the instant land, and completed the registration of ownership transfer in its own name.

E. On March 29, 2016, with respect to the instant building F (hereinafter “instant housing”) on March 28, 2016, the registration of transfer of ownership in each Defendant’s name was completed on August 17, 2016 as to the instant building G on the ground of sale as of March 28, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 4, and 8, the purport of the whole pleadings

2. The parties' assertion

A. around 2002, the Plaintiff purchased approximately KRW 300 million of the instant land and completed the registration of ownership transfer in the name of the Defendant in a de facto marital relationship, and around 2015, the Plaintiff transferred the registration name of the instant land and newly built the instant building on that ground.

After that, the defendant demanded the donation of this case and subparagraph G while pursuing a lifelong support for the plaintiff, and bears the burden of supporting the plaintiff.