(영문) 서울동부지방법원 2012.07.17 2011가합2003

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(영문) 서울동부지방법원 2012.07.17 2011가합2003

소유권이전등기

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The attached list 1 through 3 real estate (hereinafter “1 real estate”), each of which was owned by the Defendant, C, who is the Defendant, operated a closed farm at the 1 through 3 real estate, and as the Plaintiff and the Defendant jointly purchased the land on January 26, 1993 and received the registration of transfer of ownership under the name of the Plaintiff and the Defendant, as the receipt No. 1134 on February 5, 1993, instead of the Changwon District Court, registered the transfer of ownership under the name of the Plaintiff and the Defendant.

After that, on July 14, 1999, the registration of ownership transfer with respect to the Plaintiff’s 1/2 shares was made to the Defendant under the receipt of No. 13034 on July 27, 199 by the Changwon District Court.

B. The 4 real estate indicated in the attached list (hereinafter “4 real estate”) was unregistered buildings owned by the Defendant, which were not owned by the Defendant. However, the Plaintiff and the Defendant asserted that they jointly purchased 4 real estate from C, and filed an application for a provisional injunction against disposal with the Changwon District Court (93Kadan495) on August 17, 1993 by requesting a provisional injunction (93Kadan495). As such, registration of preservation of ownership was made in the name of C with respect to 4 real estate by requesting a provisional injunction registration.

C. The defendant asserted that the plaintiff renounced his/her share and transferred it to the defendant without compensation, and solely filed the case on the merits of the above provisional disposition case against C. The Changwon District Court rendered the judgment in favor of the defendant on December 19, 196 as the judgment in favor of the defendant (the judgment in favor of the defendant) and became final and conclusive around that time.

Based on the above final judgment, the Defendant, who was released from the Changwon District Court and was registered for the transfer of ownership in the name of the Defendant on March 22, 1997.

Attached Form

In the list, 5 through 7 real estate is each "5 real estate", "6 real estate", and "7 real estate".

the houses and warehouses newly built on the ground in 2008, which are 5 to 7 real estates.

유사 판례

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