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(영문) 창원지방법원통영지원 2020.06.04 2019가단28798
소유권말소등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on October 8, 1992 in the name of G on November 30, 1992 with respect to Fdong-dong (Fdong) E land for factory (hereinafter “Fdong-dong”) 90 square meters (hereinafter “Before subdivision”).

B. On December 12, 1992, the Plaintiff completed the registration of ownership transfer in the name of the Plaintiff on the ground of sale as of December 10, 1992, with respect to the share of 99/9990 of the land before subdivision.

C. On April 13, 1993, Defendant B completed the ownership transfer registration (hereinafter “Defendant B’s transfer registration”) that caused the transaction of the Plaintiff’s share on March 8, 1993 with No. 7285, which was received by this Court, as to the Plaintiff’s share 99/990 among the lands before subdivision.

Defendant C completed the registration of ownership transfer for reasons of sale on March 14, 1995 with respect to 132/90 shares of G ownership relating to land before subdivision on March 15, 1995.

E. The land before subdivision was registered by subdivision on September 27, 2006. The land before subdivision was divided into 150 square meters for H factory site, 198 square meters for factory site, J 165 square meters, and 198 square meters for K factory site. Accordingly, the area was reduced to 279 square meters for the land before subdivision, and the land category was changed to “large” on December 2, 2010.

(F) After the division, E’s land is “the instant land.” Defendant C completed the registration of ownership transfer based on the division of co-owned property on September 15, 2006, as to the share of Defendant B (the ownership transfer registration of another co-owner’s share) 49.5/990 out of Defendant B’s share (the ownership transfer registration of another co-owner’s share) as of October 17, 2006.

G. Defendant D completed the registration of ownership transfer as to the whole portion of Defendant C’s 1/2 shares out of the instant real estate under No. 8044 of the receipt of this Court on March 24, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 (including each number), the purport of the whole pleadings

2. Assertion and determination

A. On January 1, 1993, the Plaintiff’s assertion concluded a sales contract with Defendant B to sell the Plaintiff’s share of the land before division.

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