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(영문) 청주지방법원 2019.04.19 2017가단110755
소유권말소등기
Text

1. The plaintiff's lawsuit against the defendant C and D shall be dismissed respectively.

2. The plaintiff's claim against defendant B.

Reasons

1. Basic facts

A. The Defendants’ acquisition of land ownership 1) Defendant B Co., Ltd. (F prior to the change; hereinafter “Defendant Company”).

A) On January 8, 1988, Jincheon-gun, Jincheon-gun, Chungcheongnam-do, and 681 square meters (hereinafter “instant land”).

(2) Around June 20, 2017, Defendant Company concluded a sales contract with Defendant C and D (hereinafter “Defendant”) to sell the instant land at KRW 655 million to the Defendants (hereinafter “instant sales contract”) on April 1, 1987.

3) On June 30, 2017, Defendant Company received the full payment from the Defendants by June 30, 2017, and on June 30, 2017, Defendant Company transferred ownership registration based on the instant sales contract with respect to each of the shares of 1/2 of the instant land to the Defendants (hereinafter “instant transfer registration”).

B) Around December 3, 1962, the registration of ownership was completed in the name of H on the ground of the Plaintiff, etc. (i) the process of acquiring the ownership of the land and the building; (ii) 85 square meters G in Jincheon-gun, Jincheon-gun (hereinafter “the land prior to the non-case subdivision”); and (iii) around December 3, 1978, the Plaintiff constructed a mentmenmenon 2-story store and the house on the above land; (iv) 15 square meters in total, 15 square meters in total (5 square meters in the building register); and (v) a 2nd floor 15 square meters in total, 68 square meters in total (hereinafter “1 building”); and (v) on November 27, 1978, a registration of ownership preservation was completed.

2) On March 7, 1979, the land before the non-case subdivision was divided into G 50 square meters and I 35 square meters, and thereafter the G 50 square meters is divided into G 165 square meters (hereinafter “non-case land”).

I became 35 square meters of land category on May 27, 1982, and I road 116 square meters of land size on May 27, 1982 (hereinafter “non-case road”).

(3) On March 7, 1979, the Plaintiff completed a share transfer registration on April 20, 1974 with respect to 33/165 shares out of the land outside the case.

4. On May 27, 1982, the Plaintiff shares 8/35 out of the roads other than the case.

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