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(영문) 수원지방법원 성남지원 2017.02.08 2016가단223196

지분소유권이전등기

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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 11, 2000, the 164 square meters prior to Sung-nam-si C was as D due to the division on December 1, 2000, and 66 square meters became E due to the division on January 28, 2003, and on April 26, 2007, one square meters became F due to the division, and 590 square meters prior to Sung-nam-si, Sung-nam-si C (hereinafter “instant land”).

B. On May 30, 198, the Plaintiff and G completed the registration of ownership transfer with respect to each of 1/2 shares of 821 square meters out of the 821 square meters of Manam-gu, Seongdong-gu, Sungnam-si.

H on May 20, 198, completed the registration of ownership transfer on the grounds of sale as to the Plaintiff and G 82/5 of each of the shares of the Plaintiff and G 821 square meters of the total amount of 821 square meters prior to Seongdong-gu, Sungnam-si, 198.

On October 8, 1988, the Defendant completed the registration of ownership transfer on the ground of sale with respect to the entire H share of 164/8 of 821 square meters among the entire H share of 821 square meters in Seongdong-gu, Seongdong-gu, Sungnam-si.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through Gap evidence 4, Eul evidence 1, Eul evidence 2, Eul evidence 2 (including branch numbers), the purport of whole pleadings

2. Determination

A. On May 6, 1997, the Plaintiff entered into a sales contract with I to specify and sell 164 square meters of land included in the road of six meters wide from the 821 square meters of land in Seongdong-gu, Manam-gu, Manam-si, and I completed the registration of ownership transfer for 164/821 shares of the above land under H’s name designated by I, and issued H a written consent for land use on October 197.

Accordingly, the plaintiff and H have become in a sectionally owned relationship with respect to the above land.

The defendant purchased from H on October 8, 1998 the above land by specifying the size of 164 square meters, and completed the registration of ownership transfer with respect to H’s shares.

The defendant newly constructed the J-ground building owned by the defendant on the basis of the written consent to land use that the plaintiff delivered to H.

The Defendant succeeded from H to the status of the title trustee with respect to shares 164/821 of the instant land, and the Plaintiff terminates the title trust upon the service of the instant complaint.