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(영문) 춘천지방법원 2019.06.26 2019가단213
소유권이전등기말소등기
Text

1. The Defendant shall receive, on December 27, 2018, the Chuncheon District Court with respect to the Plaintiff with respect to the area of 412.2 square meters prior to Chuncheon-si, Gangwon-do.

Reasons

1. Facts of recognition;

A. The Plaintiff was the owner of 412 square meters prior to C in Chuncheon-si, Gangwon-do (hereinafter “instant land”).

B. On December 26, 2018, the Plaintiff: (a) requested Nonparty D, who is an son of the instant land, to register the transfer of ownership on the grounds of donation to Nonparty D; and (b) requested Nonparty E to register the transfer of ownership.

However, due to the error of the staff of the certified judicial scrivener office, the above transfer registration was transferred in the name of the defendant.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. According to the above facts of recognition, the registration of transfer of ownership in the name of the defendant, which was completed on the instant land (Scheon District Court No. 53045, Dec. 27, 2018) is invalid due to an error without any cause of registration. Thus, the defendant, who is the above registered titleholder, bears the duty to implement the procedure for registration of cancellation of ownership transfer, which was completed on December 27, 2018 by receipt No. 53045, Dec. 27, 2018, as to the land of this case, to the Plaintiff.

Thus, the claim of this case shall be accepted as reasonable.

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