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(영문) 서울중앙지방법원 2014.07.11 2014가합503665
소유권이전등기
Text

1. Of the instant lawsuit, the Plaintiff’s primary claim is dismissed.

2. The plaintiff's conjunctive claim is dismissed.

3...

Reasons

1. Basic facts

A. On January 3, 2004, the Plaintiff donated 145.175/7/7/7 of each of the instant sites to E, F, and G, a son of the Plaintiff, respectively, owned the entire site of Gangnam-gu Seoul Metropolitan Government D 580.7 square meters (hereinafter “instant site”).

B. On July 12, 2004, the Plaintiff, E, and G newly constructed a collective housing of 4th floor of reinforced concrete structure (hereinafter “instant building”) on the instant building site, and registered the instant building in the building ledger on July 12, 2004. On December 20, 201, the Plaintiff, E, and G completed the registration of initial ownership, each of which is registered in the name of G, with the area of 101 and 204.08 square meters of the instant building under the name of E, and the area of 201 and 204.08 square meters of the instant building under the name of E, and the area of 301 and 135.58 square meters of the instant building under the name of

C. On December 20, 201, F donated co-ownership of 145.175/7 of the instant site owned by it to G on December 20, 201, and completed the registration of co-ownership transfer.

Since then, a compulsory auction was conducted for the instant building 401 and 290.35/7/10 on the instant building site owned by G. The Defendants awarded a successful bid, and on January 2, 2014, registered a co-ownership transfer registration for shares of 290.35/4 of each of the instant building site and one half of each of the instant building 401-2.

E. On February 27, 2014, Defendant C donated to Defendant C the share of 1/2 on the instant building No. 401, and Defendant C, on the same day, the same day, the part acquired by Defendant C via G out of F’s share of 145.175/4 on the instant building site, which is the share of 145.175/7 of F on the instant building site, and each share of which was registered.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1, 2 and 3 (including each number, if any) and the purport of the whole pleadings

2. The plaintiff's assertion

A. On December 20, 201, a donation contract for co-ownership of the instant site made by the primary claim F to G on December 20, 2011, and the registration of the transfer of co-ownership of 145.175/7 in the name of G resulting from the said contract, is governed by Article 20(2) of the Act on the Ownership and Management of Aggregate Buildings.

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