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(영문) 창원지방법원진주지원 2014.03.28 2013가단4780
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. Nonparty C owned the real estate listed in the separate sheet No. 1, but the above real estate was transferred to Nonparty D on November 30, 199 as the receipt of No. 52916 on November 30, 199, due to the sale on December 20, 1989.

B. The defendant on March 5, 1990, based on the fact that he purchased the above real estate to the above D, completed the registration of transfer of ownership in its name under the above registry No. 52917, Nov. 30, 199.

C. On June 19, 2001, the Plaintiff received a provisional disposition of prohibition of disposal (hereinafter “provisional disposition of this case”) from the Changwon District Court Branch 2001Kadan3112 by taking the right to claim the registration of transfer of ownership based on the agreement as of April 28, 2000 with respect to the portion of 1279/49 of the above real estate owned by the Defendant as the right to be preserved, and completed the registration as of June 22, 2001 by the above registry office as of June 22, 2001. The provisional disposition of prohibition of disposal was revoked as of April 8, 2002 by the above registry office No. 20068 on April 15, 2002.

The share of 992/4959 among the above real estate was completed on March 20, 2002 to the defendant on the ground of sale and purchase on March 20, 200 and the registration of ownership transfer was completed on March 28, 2002 by the above registry office No. 16694.

E. On April 8, 2011, the Plaintiff received a decision of provisional disposition of prohibition of disposal (hereinafter “provisional disposition of this case”) under the Changwon District Court Branch Branching Jinwon District Court Decision 201Kadan746 on April 28, 200 by taking the right to claim the transfer registration of ownership under the agreement made on April 28, 200 with respect to the share owned by the Defendant among the above real estate as of April 8, 201, and completed the registration on the same day.

F. Meanwhile, on April 9, 2012, the said real estate (hereinafter “real estate before subdivision”) was divided into the same day as E-ro registration conversion, E-forest land 4,889 square meters, F forest land 25 square meters, and G forest land 55 square meters, respectively.

[Ground of recognition] A without dispute, entry of Gap evidence 1 to 3 (including the number of each branch), witness D's partial testimony, and the purport of the whole pleadings.

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