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(영문) 서울중앙지방법원 2016.09.09 2015가단5391256
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in Gap evidence No. 1 and evidence No. 4.

On August 28, 2003, the Plaintiff purchased 1,653 square meters of C Forest land in Seosan-si (hereinafter “instant forest”) from D on August 28, 200 and completed the registration of ownership transfer under Article 29573 on the same day as Seosan Branch of the Daejeon District Court.

B. With respect to the instant forest land, as the receipt of the instant forest land on July 1, 2009 as the receipt of No. 24576 on June 28, 2009, the Defendant was its representative at the time of July 1, 2009. On November 25, 2011, the representative changed to F and the alteration registration was completed on September 7, 2012, the ownership transfer registration (hereinafter “instant registration”) was completed in the name of Edemy (hereinafter “instant gift contract”), and the said donation, which is the ground for registration, was completed on June 28, 2009 (hereinafter “instant gift contract”). The ownership transfer registration was completed in the name of G on September 3, 2012 as the receipt of No. 3596 on September 7, 2012, for sale and purchase on September 3, 2012.

C. As to the instant forest land, the registration of transfer of ownership was completed under the name of the Defendant on the ground of sale as of April 9, 2015, the receipt of No. 13721, supra, as of April 3, 2015, and the registration of transfer of ownership was completed due to the purchase and sale agreement as of April 9, 2015, as of April 3, 2015, the registration of transfer of ownership was completed under the name of H on the ground of the purchase and sale agreement as of April 3, 2015.

On the other hand, both the defendant and I are people engaged in the activities of the chronology as a pastor, and I are the plaintiff's spouse.

2. Summary of the parties’ assertion

A. In early 2009, the Defendant demanded the Plaintiff, the husband of the Plaintiff, to offer I as compensation for having I employed the Plaintiff as a member of the J church, and the I concluded the instant donation contract with the Defendant following the Plaintiff’s death and completed the registration of the instant case with regard to the instant forest land owned by the Plaintiff.

In other words, the plaintiff did not grant I the right to dispose of the forest of this case, and it was possessed by I at the time of entering into the gift contract of this case as proxy.

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