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(영문) 서울남부지방법원 2020.08.14 2019가합116604
소유권이전등기말소등기 청구 등의 소
Text

1. Of the instant lawsuit, the registration of ownership transfer with respect to the portion exceeding 7/65 square meters of Guro-gu Seoul Metropolitan Government 407 square meters.

Reasons

1. Basic facts

A. 1) The Plaintiff’s father F (Death on March 24, 197) and mother G (Death on February 18, 197) are the heads of women of H (1943, female), I (1947, female), the Defendant (1949, male), J (1950, male, and female), and K (1956, female) purchased from D Co., Ltd. (hereinafter “D”), and completed the registration of ownership transfer from D Co., Ltd. (hereinafter “D”) on October 13, 1965 due to purchase of H (1943, female), I (1947, female), the Defendant (1949, South), the J (1950, South), and completed the registration under the name of the Defendant on September 1, 1965.

On the other hand, the registration of transfer of ownership in the name of the defendant was completed on August 9, 197 by the receipt of the same registry office on July 19, 197 with respect to Guro-gu Seoul Metropolitan City L 46 square meters (hereinafter “the land prior to the annexation”), which was owned by D, due to the purchase and sale of the same registry office on July 19, 197, and thereafter, on August 22, 1983, the two land prior to the annexation was combined with one land prior to the annexation, thereby Seoul Guro-gu Seoul Metropolitan Government C large 407 square meters (hereinafter “instant land”).

3) While the Defendant was legal couple with M, in the course of a divorce lawsuit filed by M against the Defendant, the Defendant transferred one-half of the shares out of the instant land to M as division of property. As to this, the ownership transfer registration under M’s name was completed on the ground of division of property as of March 25, 2016, the Seoul Southern District Court, Seoul Southern District Court’s receipt No. 18956, Mar. 25, 2016, as of February 5, 2003. B. 1) The instant judgment subject to a retrial and the Plaintiff’s new judgment on new trial, asserting that “I purchased the instant land and trusted the title trust thereof to the Defendant.” As to the Defendant under the Seoul Southern District Court’s Seoul Southern District Court Branch Decision 2001Ga7163 (principal suit), the ownership transfer registration on the instant land was cancelled and the ownership transfer registration was cancelled.

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