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(영문) 서울동부지방법원 2015.06.16 2014가단102938
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On June 8, 1985, Defendant C completed the registration of ownership transfer based on the sale and purchase on June 7, 1985, with respect to the portion of 9827/26294, among the portion of D Forest land 13147 square meters in Incheon-gun, Incheon-gun, Incheon-gun, Defendant C completed the registration of ownership transfer based on the sale and purchase on June 7, 1985, and completed the registration of ownership transfer based on the sale and purchase on June 7, 1985.

B. On September 20, 2004, the said D forest land was divided into 9827 square meters of forest land and 3320 square meters of forest land, and the F forest land was divided into 3320 square meters of forest land. On September 22, 2004, the F forest land was divided into 3267 square meters of forest land and 53 square meters of G forest land.

(E) Each real estate divided as above is each real estate indicated in the separate sheet; hereinafter “instant real estate”).

2. Judgment on the plaintiff's primary claim and the first preliminary claim

A. (1) The Plaintiff’s assertion (1) purchased the instant real estate from Defendant C with pro-friendly job offering H, and entered into a title trust agreement with Defendant C, who is a senior co-resident, and requested Defendant C, the seller, to conduct the registration of ownership transfer in the future. Defendant C completed the registration of ownership transfer in the future with respect to the instant real estate purchased by Defendant B and H.

(2) Around June 1996, the Plaintiff and Defendant B agreed to proceed with the termination of title trust for the purpose of real-name registration pursuant to Article 11 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real-Name Registration Act”), and accordingly, received documents necessary for the registration from Defendant B.

(3) Around 2012, the Plaintiff requested Defendant B to re-register the ownership transfer. Accordingly, Defendant B agreed to transfer ownership through donation or termination of title trust until January 2013 to the Plaintiff.

(4) Accordingly, Defendant B donated the Plaintiff with respect to the instant real estate, and around December 12, 2014, a duplicate of the application form for amendment of the purport of the claim, to the Plaintiff.

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