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(영문) 서울고등법원 2016.05.19 2015나2072772
기타(금전)
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The plaintiff and the defendant are legally married couple who completed the marriage report in 1962.

B. Each land listed in the separate sheet (hereinafter collectively referred to as “instant land”) was owned by C and the Defendant’s private village D and E, each of which is 7/11, 3/11, 1/11, and 11. However, the Plaintiff completed the registration of ownership transfer on the instant land on September 17, 1973 for the reason of sale and purchase as of March 1, 1969, and on September 18, 1973 for the C’s share as of September 10, 1973. Meanwhile, the Defendant completed the registration of ownership transfer on the instant land on September 15, 1981 due to purchase and sale reservation as of September 3, 1981.

C. The Defendant constructed a commercial building on the instant land without obtaining a construction permit on December 30, 1990 at its expense (hereinafter “instant building”) and manages the building by leasing it to the present time.

On January 26, 1993, the Plaintiff completed the registration of ownership transfer on the ground of the sale on June 16, 198 with respect to J apartment 16 Dong 106 (hereinafter “instant apartment”).

E. On May 27, 2003, the Defendant filed a lawsuit against the Plaintiff claiming that he purchased the instant land from D, etc. and subsequently transferred the title to the Plaintiff, and that he/she fulfilled the procedure for the registration of ownership transfer due to the termination of title trust with respect to the instant land (Usu District Court 2003Gahap6555), and the same year.

9. 14. The 14. Children made up of the following descriptions with the Plaintiff in the presence of their children:

The plaintiff and the defendant shall withdraw the action for verification of the name of 300 square meters of L, etc. in Suwon-si, which is scheduled to be tried on September 19 at the present on September 19 under the following conditions:

1. The Defendant uses the full amount of the revenue from the rent generated from the above goods, and the Plaintiff does not raise any objection thereto.

2. The above goods are currently in progress with H; and

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