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(영문) 서울북부지방법원 2017.11.10 2015나36240
소유권이전등기
Text

1. The plaintiff's appeal as to the main claim is dismissed.

2. The part of the preliminary claim in the judgment of the first instance is revoked.

Reasons

1. Basic facts

A. Since G was assessed as of August 25, 1915 on August 25, 1915, the F 55 square meters in order to specify land only with the parcel number, G was divided into the F 543 square meters in size and H and I roads on August 8, 200 and a total of 12 square meters in size.

B. As to the above FF large 543 square meters, Defendant B completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”). Defendant C completed the registration of ownership transfer as the receipt No. 476, Jan. 8, 2007, by the Cheongcheon Branch Office of the Gwangju District Court’s Net Branch of Jeju District Court. Defendant C completed the registration of ownership transfer as the receipt No. 16409, Aug. 27, 2012 by reason of sale as of August 20, 2012.

C. F large 543 square meters was divided into the instant land and JJ large 13 square meters on September 26, 2012, and Defendant D completed the registration of ownership transfer on September 27, 2012 by the same registry office on the ground of sale as of September 11, 2012.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 3 (including virtual number) and the purport of whole pleading

2. Judgment on the plaintiff's primary claim

A. Plaintiff’s assertion 1) To prevent the Plaintiff from exercising the ownership of the instant land, B completed the registration of ownership transfer on August 27, 2012 due to the purchase and sale as of August 20, 2012, even though the Plaintiff did not concluded a sales contract with Defendant C, and Defendant C completed the registration of ownership transfer on September 27, 2012 due to the purchase and sale as of September 11, 2012, even though it did not concluded a sales contract with Defendant D, the registration of ownership transfer was completed on September 27, 2012. Accordingly, each registration of ownership transfer in the name of the Defendants is null and void as a false declaration. 2) Meanwhile, B donated the instant land to the Plaintiff on March 19, 2015.

3. Therefore, the Defendants are obligated to perform the procedure for the cancellation of ownership transfer registration with respect to the instant land to B, and the Plaintiff is entitled to the claim for the registration of ownership transfer based on the gift contract dated March 19, 2015 to B.

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