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(영문) 수원지방법원성남지원 2014.12.31 2013가단217527
소유권말소등기
Text

1. The defendant shall support the plaintiff with Suwon District Court in relation to one-half share of each land listed in attached Table 2.

Reasons

1. On June 26, 2013, the Defendant on June 21, 2009 (Seoul High Court 2009Na43807 dated December 14, 2009 between the Plaintiff and the Defendant) on the premise that the ownership transfer registration has been completed in the future of the Plaintiff, as to the portion of 1/2 of each land listed in the separate sheet No. 2 attached hereto (hereinafter “instant conciliation protocol”).

(1) The date of service) the registration of ownership transfer based on the restoration of the true title of registration (hereinafter “instant registration of ownership transfer”) was completed.

[Reasons for Recognition] Uncontentious Facts, Gap 1, 4, 5

2. The plaintiff asserts that the land of the instant conciliation protocol (the land indicated in paragraph (3) of the attached Table 1) and each land listed in the attached Table 2, which is the grounds for the registration of transfer of ownership of this case, shall be identical. Thus, the transfer of ownership of this case shall be cancelled in its invalidation.

In regard to this, the defendant asserts that the transfer of ownership in this case is valid, since it is recognized as identical to the entries in the separate sheet of land division, etc., including each land listed in the annexed sheet No. 3 following the division, etc. of the land listed in the annexed sheet No. 2.

3. In light of the following facts and circumstances (Evidence A through 5, Eul 1 through 11, the purport of the whole pleadings, etc.), it is difficult to view that the identity of the land in the instant conciliation protocol (attached Form 1 List 3) and each land in attached Table 2 is recognized.

[In light of the above, the land prior to the division of each land listed in the separate sheet No. 2 is not the 896 square meters prior to the Gyeonggi-gun, Gwangju-gun, but the D preceding 2,788 square meters. Therefore, the defendant is obligated to implement the procedure for the cancellation of the ownership transfer registration of this case to the plaintiff.

1. The plaintiff (the defendant at the time of the defendant) shall take the procedure for the registration of ownership transfer based on the restoration of real name as to the 1/2 portion of each land listed in the separate sheet No. 1 to the plaintiff at the time of the defendant.

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