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(영문) 수원지방법원 2017.01.26 2015가단31793
소유권이전등기
Text

1. The Plaintiff’s claim against Defendant D, E, F, and G for the implementation of the registration procedure for preservation of ownership is dismissed.

2.(a)

Reasons

1. Facts of recognition;

A. The 61.75 square meters of the 1st floor housing recorded in the building ledger in the attached list (hereinafter “instant building”) was already destroyed, along with the instant building in the building ledger.

As unregistered buildings, the network H was registered in the building ledger on December 30, 1986 as owners.

B. Defendant D and E, who were their successors on October 8, 1983, completed the registration of ownership transfer on March 18, 1982 with respect to each 3/10 of the above land, and Defendant F and G with respect to each 2/10 of the above land on March 18, 1982, as to each 2/10 of the above land.

After all, on November 21, 1984 with respect to the above I land, the registration of transfer of ownership was completed on November 19, 1984 with respect to Defendant C on June 17, 2002, and the registration of transfer of ownership was completed on June 17, 2002.

The Plaintiff completed the registration of ownership transfer on March 28, 2005 with respect to the above land on the ground of donation on March 28, 2005. On December 30, 2014, the said land was combined with the wife population JW-321 square meters in the time of merger on December 30, 2014, and became a wife population of 602 square meters in Permitted-si.

C. On March 28, 2005, the Plaintiff donated the instant building to Defendant C with each other’s land prior to each of the above mergers, and has resided in the said building from that time until that time.

[Reasons for Recognition] Defendant B, D, and G: Each entry in Gap evidence Nos. 1, 2, and 3; the inquiry results with respect to the head of the Gu who is the wife at the time of acceptance of this court; the purport of the entire pleadings; Defendant E, and F: Confession (Article 150(3) and (1) of the Civil Procedure Act)

2. The buyer, who purchased unregistered real estate from the owner of the Plaintiff’s lawsuit against Defendant D, E, F, and G regarding the claim for the implementation of the registration of ownership transfer, can independently complete such registration by subrogation of the seller’s right to apply for registration, based on the seller’s right to claim the registration after the final and conclusive judgment in favor of the Plaintiff’s claim for registration of ownership transfer.

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