(영문) 서울서부지방법원 2020.12.23 2019가합40348

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(영문) 서울서부지방법원 2020.12.23 2019가합40348

소유권이전등기 및 건물명도 청구의 소

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The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. Nonparty D (hereinafter “the deceased”) died on January 18, 2019 as the Plaintiff’s penal father.

The Defendants succeeded to the real estate listed in the first list of real estate indications (attached Form) from the Deceased, and Defendant B is the wife of the Deceased and the Plaintiff, and Defendant C is the wife of the Deceased, and Defendant C is the offspring of the Deceased and Defendant B.

B. (i) The Plaintiff completed the registration of transfer of ownership based on the sale on September 22, 1984, as to the real estate indicated in the second list of real estate indicated on September 25, 1984 (hereinafter “real estate before its destruction”).

The Deceased completed the registration of ownership transfer based on sale on July 1, 1989, with respect to the real estate before its destruction on July 27, 1989.

Fidelity, according to the implementation of reconstruction project, the real estate before its destruction was destroyed on May 20, 1997, and the real estate register before its destruction on November 11, 1997 was closed.

• The approval for use was made on April 29, 200 for the Mapo-gu Seoul E Apartment constructed as a result of the reconstruction project, and the deceased completed the registration of preservation of ownership in the name of the deceased on June 28, 200.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, and 6's statements and the purport of the whole pleadings

2. The parties' assertion

A. On July 1, 1989, the deceased and Defendant B, the primary cause of the Plaintiff’s primary claim, entered into a false sales contract on the real estate before the destruction as of July 1, 1989 (hereinafter “instant sales contract”). The registration of the transfer of ownership as of July 27, 1989 on the real estate before the destruction on the ground of the instant sales contract.

This case's real estate is constructed as a result of the reconstruction project and is converted into the real estate before the destruction.

유사 판례

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