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(영문) 수원지방법원안산지원 2015.01.22 2014가합2591
소유권이전등기
Text

1. As to the 1,168 square meters in Gyeyang-gu, Ansan-gu, Gyeonggi-do:

A. The Suwon District Court's Ansan Branch for the plaintiff A.

Reasons

1. Basic facts

A. The Plaintiffs shared 1,168 square meters (hereinafter “instant land”) in Gyeyang-gu, Ansan-si, Gyeonggi-do, with the following shares of shares:

Plaintiff

A: 782.2/1564.4 Plaintiff C: 391.1/1564.4 Plaintiff B: 391.1/1564.4

B. On September 17, 2009, with respect to the share of 391.1/1564.4 out of the share of the instant land owned by the Plaintiff A, the ownership transfer registration for the share of 391.1/1564 out of the share of the instant land was completed on September 17, 2009 for the Defendant on September 15, 2009 (U.S. District Court No. 85154, Sept. 17, 2009), and the ownership transfer registration for the share of 361.6/1564.4 out of the share of the instant land owned by the Plaintiff A (U.S. District Court No. 96114, Oct. 209) was completed on September 17, 2009 for the remaining share of 29.5/1564.4, and the ownership transfer registration for the Plaintiff (U.S. District Court No. 2096, Oct. 29, 2009) was received.

C. On February 2, 2010, with respect to the share of 420.6/1564.4 of the instant land owned by the Plaintiff C, the registration of transfer of ownership was completed on the ground of sale as of December 20, 2010 (No. 8174 of the receipt on February 2, 2010 of the Busan District Court Ansan Branch Office).

Plaintiff

On September 17, 2009, as to the land of this case owned by B 391.1/1564.4, the registration of ownership transfer was completed on September 17, 2009 on September 15, 2009 (Ogsan District Court No. 85155, Sept. 17, 2009).

E. F is a representative director of G Co., Ltd. with the Defendant’s father and the purpose of distributing and selling livestock products.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The plaintiffs' assertion

A. In the first place, the actual purchaser of the instant land is F, and the registration of ownership transfer was made to the Defendant at F’s request, and thus, the registration of invalidation in violation of the Act on the Registration of Real Estate under Actual Titleholder’s Name should be cancelled.

B. Preliminary, 1 F.m. The instant case

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