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Reasons
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(영문) 서울중앙지방법원 2019.10.17 2018가단5221228
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. On March 20, 1985, C, the father of the Plaintiff, purchased 103/143 shares and one building unregistered on the land from the Michuhol-gu Incheon E, Michuhol-gu, Incheon, and completed the registration of ownership transfer on May 3, 1985, and F, on June 28, 1985, purchased 40/143 shares among land E and one building unregistered on the land, and completed the registration of ownership transfer on June 28, 1985.

B. H on December 23, 1993, inherited F’s above ownership shares and its ground buildings through consultation and division, and completed the registration of ownership transfer on August 25, 1995.

C. From the lawsuit of an objection to the decision on the protocol of partition filed by H against C (In Incheon District Court Decision 2013Gadan216630), the conciliation of the following was concluded on October 6, 2014:

1. The defendant (C; hereinafter the same shall apply) shall pay 295,000,000 won to the plaintiff (hereinafter the same shall apply) as the transfer price for the share of 40/143 of the share of 40/143 square meters in Nam-gu, Incheon and the building owned by the plaintiff on its ground, and shall be paid in two installments;

(a) 30,000,000 won by October 31, 2014;

(b) 265,00,000 won shall be paid respectively by January 31, 2015.

2. The Plaintiff shall, until January 31, 2015, implement the procedures for the registration of transfer of ownership of 40/143 shares among the shares of 40/143 square meters in Nam-gu Incheon Metropolitan City E-gu and the building owned by the Plaintiff on its ground to a person designated by the Defendant or the Defendant, respectively, and deliver the said land and building.

H, upon the above conciliation, on January 30, 2015, completed the registration of ownership transfer with respect to the Plaintiff’s 40/143 shares of H H to E, while transferring the said land and its ground unregistered buildings (hereinafter “instant buildings”) to the Plaintiff.

E. Since then, the Plaintiff occupies and uses the instant building, and occupies the site thereof, and pays the property tax on the instant building. The instant building is currently leased and used by the interior business entity from the Plaintiff.

F. However, the instant building is E land.

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