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(영문) 광주지방법원순천지원 2015.04.01 2014가단3881
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. According to the evidence Nos. 1 and 2, the following facts can be acknowledged.

As to the instant land, the Plaintiff completed the registration of ownership transfer to D (the Defendant’s land) on the grounds of sale as of May 5, 1987 on March 4, 1987.

With respect to the instant land, on September 7, 2006, the transfer registration for ownership was completed to the Defendant on the ground of the gift made on October 10, 1992, on December 3, 2007 to F (the husband of the Defendant) on the ground of the donation made on the same day, and on December 11, 2013 to the Defendant on the ground of the donation made on December 6, 2012.

2. The summary of the plaintiff's assertion and judgment: the plaintiff sold part of the land of this case to D on May 5, 1987 except the land of this case, so the transfer registration of D on the land of this case is null and void, and the transfer registration of D on the land of this case is null and void, and the transfer registration of D on the land of this case is also null and void.

The defendant is obligated to implement the registration procedure for ownership transfer on the land in the dispute of this case to the plaintiff for the restoration of real name.

Provided, That the statements in Gap evidence Nos. 4 and 5 are difficult to believe that they are, in light of the statements in Eul evidence Nos. 1 through 7 and witness E's testimony, and otherwise, there is no sufficient evidence to acknowledge that the plaintiff sold only the remaining parts of the land in this case except the land in this case to Eul, and that the registration of ownership transfer was completed for all of the land in this case.

Therefore, the plaintiff's claim cannot be accepted.

3. The plaintiff's claim for the conclusion is dismissed on the ground that it is without merit.

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