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(영문) 수원지방법원 2019.01.17 2018가단508973
소유권이전등기
Text

1. As to the real estate indicated in the annex “Real Estate Indication”:

A. Defendant B made a sale on February 10, 1970 to Defendant C.

Reasons

1. Facts of recognition;

A. Defendant B, upon obtaining a construction permit on October 26, 1969, newly constructed the real estate indicated in the order (hereinafter “instant building”) on the ground of 149 square meters in Suwon-gu, Suwon-gu, Suwon-gu, Suwon-si, which is its own ownership (hereinafter “instant land”), and obtained approval for use on December 20, 1969.

B. On February 18, 1970, Defendant B sold the instant land to Defendant C, and completed the registration of ownership transfer of the said land around that time.

In addition, on February 10, 1970, Defendant B sold the instant building to Defendant C, but only the “owner’s status” column in the ordinary building ledger was changed to that of Defendant C.

C. Defendant C sold the instant land to the Plaintiff on September 27, 1977, and completed the registration of ownership transfer with respect to the said land on October 8 of the same year to the Plaintiff.

Defendant C sold the instant building to the Plaintiff on October 5, 1977, but also, due to the unregistered relation, only the “actual status of the owner” in the ordinary building ledger was changed to the Plaintiff.

[Reasons for Recognition] There is no dispute between the plaintiff and the defendant C, and recognition is made between the plaintiff and the defendant B by adding the respective descriptions of Gap evidence Nos. 1 through 4 and the whole purport of oral argument

2. According to the above facts of determination, Defendant B is obligated to implement the procedure for the registration of ownership transfer for sale on February 10, 1970 to Defendant C, and Defendant C is obligated to implement the procedure for the registration of ownership transfer for sale on October 5, 197 to the Plaintiff.

3. The plaintiff's claim for conclusion is with merit.

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