(영문) 수원지방법원 2016.06.21 2015가단141171

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(영문) 수원지방법원 2016.06.21 2015가단141171

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1. The Defendant is based on the Plaintiff’s restoration of the true name with respect to the area of 3,213 square meters prior to Seocheon-si, Gyeonggi-do.

Reasons

1. Facts of recognition;

A. On November 14, 2002, No. 48486, which was received on November 14, 2002, for a half of the shares in the original land (hereinafter referred to as the “former land”), the registration of ownership transfer was made in the name of D on the ground of sale as of October 5, 2002, and the ownership transfer registration was made in the name of the Plaintiff on the ground of sale as of November 14, 2002, as of November 14, 2002, No. 48487, which was received on November 14, 2002, and as to a half of the shares, on October 5, 2002.

On November 18, 2003, No. 44395, Nov. 18, 2002, concerning the shares of 1/2 of the entire period of the instant case, the transfer registration for shares was made in the name of the Plaintiff on the grounds of the trade as of November 18, 2002.

B. On July 2, 2012, D filed a lawsuit against the Plaintiff for the registration of transfer of ownership against the District Court 2012Kadan29045, and the lawsuit was initiated by service by public notice to the Plaintiff, and the District Court of Jung-gu on January 29, 2013 was conducted by the Plaintiff to D in the preceding case.

A. 1/2 shares (Korean Government District Court Macheon Registry No. 44395 of Nov. 18, 2003) implement the procedure for the registration of ownership transfer on the ground of the restoration of true names;

B. On November 30, 2005, with respect to shares 1/2 (No. 48487, which was received on Nov. 14, 2002), the court rendered a ruling that the procedure for the registration of ownership transfer based on the agreement on Nov. 30, 2005 (hereinafter “the judgment of the first instance court of this case”), and the judgment of the first instance of this case was served on the Plaintiff by public notice and became final and conclusive at that time. D, based on the judgment of the first instance of this case, sold the previous case to the Defendant on Apr. 19, 2013, and completed the registration of ownership transfer on Apr. 30, 2013 under Defendant’s name on Apr. 30, 2013 (No. 1585, which was received on Apr. 30, 2013). D. On the judgment of the first instance of this case, the Plaintiff concluded the registration of ownership transfer with the District Court on Apr. 14, 20191.

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