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(영문) 인천지방법원 2018.05.10 2017가단209197
소유권이전등기말소등기절차이행
Text

1. Defendant B shall register with the Jeju District Court as to the Plaintiff’s share of 1/4 of the 2,248 square meters of Jeju-si D Miscellaneous land 2,248 square meters, and on September 201.

Reasons

1. Determination as to the claim against the defendant B

A. (i) On September 24, 2001, the Plaintiff completed the registration of ownership transfer with respect to 1/2 shares out of the instant land.

However, even though the Plaintiff entered into a sales contract with Defendant B on September 22, 2001 with respect to the portion of 1/4 of the instant land, the registration of ownership transfer with respect to the portion of 1/2 of the 1/4 share was completed, and the registration of ownership transfer with respect to the 1/4 share is null and void, and the Plaintiff still has ownership.

C. Therefore, Defendant B should implement the procedure for cancellation of ownership transfer registration with respect to the portion of 1/4 of the instant land to the Plaintiff.

B. In accordance with Article 150(3) and (1) of the Civil Procedure Act, Defendant B shall be deemed to have led to the confession of the above facts.

Therefore, Defendant B is obligated to implement the procedure for registration of cancellation of ownership transfer registration as stated in paragraph (1) of this Article with respect to the portion of 1/4 of the instant land to the Plaintiff.

2. Determination as to the claim against Defendant C

A. (i) The Plaintiff completed the registration of ownership transfer on the instant land on April 9, 1990, and E completed the registration of provisional disposition based on the Jeju District Court Decision 94Kadan4111 dated October 11, 1994 with respect to 1/2 of the instant land on October 11, 1994.

on September 22, 2001, the Plaintiff concluded a sales contract with the Defendants for each of the instant shares of KRW 44 million with respect to each of the instant shares out of the land. On September 24, 2001, the Plaintiff completed the registration of ownership transfer for each of the said shares to the Defendants on the grounds of the said sales contract.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

B. (1) Around October 1994, the Plaintiff’s summary of the Plaintiff’s assertion sold 1/2 shares out of the instant land to E, and sold the remainder 1/2 shares to the Defendants.

Therefore, the registration of ownership transfer is made to Defendant C only for 1/4 of the instant land.

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