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(영문) 수원지방법원성남지원 2016.11.25 2016가단205648
소유권이전등기
Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) are dismissed.

2...

Reasons

1. Basic facts

A. On November 28, 1981, Non-party E completed the registration of ownership transfer on the real estate listed in the separate sheet (hereinafter “the instant real estate”) with Non-Party F for the reason of sale as of July 25, 197, and completed the registration of ownership transfer on the 1/2 portion of F on August 11, 1982, with Non-Party F’s share transfer on the grounds of sale as of August 10, 1982.

B. On September 19, 195, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the ground of the pre-sale agreement made on September 19, 1995 with respect to the instant real estate by the Seoul Southern District Court Young-gu District Office No. 31599, Sept. 20, 1995.

C. The deceased E died on May 27, 2013, and the deceased E’s heir had children, Plaintiff G, H, I, I, and B.

On November 29, 2013, B, who laid off the network E, had completed the registration of ownership transfer for the reason of testamentary gift on May 27, 2013.

E. On June 25, 2016, B died due to C such as “Mychological flasium”, and the deceased’s heir is the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) who is a child.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 8 through 10 (including branch numbers), the purport of the whole pleadings

2. Judgment on the principal lawsuit

A. Although the Plaintiff’s assertion was registered under the name of the network E, the Plaintiff’s assets were purchased with the Plaintiff’s funds, and the provisional registration of this case was completed for this purpose.

After the death of the network E, the registration of ownership transfer has been made to the network B on the ground of legacy so that the network B without a livelihood can live.

Therefore, on February 18, 2016, the deceased B donated that it would transfer the instant real estate to the Plaintiff without being obliged to do so, and on February 23, 2016, the provisional registration for the divided apartment was cancelled and the monthly rent for commercial buildings was 1 year.

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