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(영문) 광주지방법원 2017.07.20 2017나51319
소유권보존등기말소 등
Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. Defendant B’s status is the owner of F, G, and H (hereinafter “instant land”).

B. (1) Construction of each building of this case 1) E, with the consent of Defendant B from around 2001 to around 2003, has raised originals from the land of this case. (2) around 2003, E entered into a partnership agreement with the Plaintiff to operate a joint business to cultivate and sell mushroom plants and distribute its profits on the land of this case.

Accordingly, the Plaintiff newly constructed each of the instant buildings to be used as a mushroom cultivator on the instant land by obtaining a building permit under the name of Defendant B from December 2003 to January 2005 with his own cost and effort from January 2005.

C. On May 20, 2005, Defendant B completed the registration of initial ownership relating to each of the instant buildings on May 20, 2005, and on June 21, 2005, Defendant B completed the registration of initial ownership transfer for each of the instant buildings on December 22, 2014 (the maximum amount of claims 200,000,000, and debtor D) on the establishment of a neighboring mortgage (the maximum amount of claims 200,000,000, and the debtor D) on each of the instant buildings on December 22, 2014.

3) AD died on October 31, 2015. Defendant C, the wife of D, completed the registration of ownership transfer due to inheritance due to consultation and division on December 24, 2015 with respect to each of the instant buildings on December 24, 2015. [The fact that there is no ground for recognition, each of the entry of Nos. 1, 2, 5, and 7, each of the entry of No. 1, 5, and 7, the testimony of witnesses E of the first instance trial, and the purport of the entire pleadings.

2. Judgment on the plaintiff's assertion

A. (1) Although the Plaintiff asserted as to the Defendants, even though he newly constructed each of the instant buildings with his own cost and effort, Defendant B completed the registration of initial ownership relating to each of the instant buildings. Therefore, the registration of initial ownership in the name of Defendant B and the registration in the name of Defendant C, Defendant Suwon Agricultural Cooperative, which was based on the registration, is both null and void. (2) The ownership of a newly constructed building in question is one of its own.

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