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(영문) 의정부지방법원고양지원 2014.10.30 2013가단511100
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant C is all dismissed.

2. Each claim against Defendant B and D is filed.

Reasons

1. The plaintiff's assertion

A. On July 4, 1987, with respect to Defendant B and C, the Plaintiff purchased each part of the area of 160 square meters (hereinafter “instant 1 land”) and F land (hereinafter “instant 2 land”) and each part of the area connected to the Plaintiff in the following order: (a) from H on the part of the attached table No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 10 of the attached table No. 1, 2, 4, 5, 6, 7, 8, 100

The plaintiff subsequently purchased the land of this case 1 and 2 from the defendant B on July 10, 1992.

Defendant B, despite the Plaintiff’s duty to implement the procedure for the registration of ownership transfer with respect to the instant land 1 and 2, donated the instant land 1 and 2 to Defendant C, who is his spouse on December 17, 2009, and completed the procedure for the registration of ownership transfer in the future of Defendant C. This constitutes double selling in bad faith, and thus, is null and void in accordance with Article 103

Therefore, as to the land of this case 1, 2, Defendant C is obligated to implement the procedure for cancellation registration of each ownership transfer registration to Defendant B, and Defendant B is obligated to implement the procedure for ownership transfer registration for each of the reasons for sale on July 10, 192 to the Plaintiff.

Meanwhile, since July 4, 1987, the Plaintiff occupied the instant land 1 and 2 in a peaceful and open manner with the intent of ownership, and completed the prescriptive acquisition period for the instant land 1 and 2 on July 4, 2007, the Plaintiff became a preparatory one. As to the instant land 1 and 2, Defendant C is obligated to implement the procedure for the cancellation registration of each ownership transfer registration to Defendant B, and Defendant B is obligated to implement the procedure for the registration of ownership transfer for the completion of the prescriptive acquisition on July 4, 2007 to the Plaintiff.

B. On July 4, 1987, the Plaintiff purchased a parcel of land indicated in the attached Form 30, 29, 28, 27, 23, 22, 24, and 30 from J on the part of G land in the case of Pakistan, and occupied the part of 178 square meters (hereinafter “the land of this case”) among the land of this case in the line, and occupied it in peace and public performance with the intent to own it. As such, the prescriptive acquisition on the three land of this case was completed on July 4, 2007.

Therefore, Defendant D raises objection to the Plaintiff.

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