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(영문) 수원지방법원 평택지원 2017.02.15 2015가단47728
소유권이전등기
Text

1. The defendant C is the Suwon District Court on March 18, 1997 with respect to the real estate stated in paragraph 1 of the attached list to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the South-win partner of Defendant B, and both the Plaintiff and Defendant B are children of the deceased E (hereinafter “the deceased”).

B. On March 7, 1986, the Plaintiff completed the registration of transfer of ownership in its name, which was based on sale on January 25, 1986, with respect to the land prior to the division of Pyeongtaek-si 200 square meters (hereinafter “instant land”).

C. around November 22, 1989, Defendant B asserted that “The land prior to the instant subdivision was purchased from Defendant B, the former owner, and entrusted only the registration title thereof to the Plaintiff.” Defendant B filed a lawsuit claiming ownership transfer registration on the ground of the cancellation of title trust on November 22, 1989 (hereinafter “instant prior suit”). The Suwon District Court sentenced Defendant B to the effect that “the Plaintiff shall implement the procedure for ownership transfer registration on the land prior to the instant subdivision on November 22, 1989” on the ground of the confession (hereinafter “instant prior suit”). The said judgment became final and conclusive around that time.

Defendant B, based on the judgment of the previous suit on December 29, 1992, completed the registration of transfer of ownership in the name on the land prior to the instant partition, from the receipt of the Suwon District Court, No. 54188 to November 22, 1989, based on the title trust termination.

E. On March 18, 1997, the land before the instant partition was divided into each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). On March 18, 1997, the ownership transfer registration under the Defendant C’s name was completed as the receipt of the Suwon District Court’s receipt of the Songwon District Court on March 18, 1997, and the ownership transfer registration under the Defendant D’s name was completed as the receipt of the same registry office on December 18, 2009 with respect to the real estate listed in the separate sheet No. 38542, Dec. 18, 2009.

[Reasons for Recognition] Facts without dispute (excluding Defendant C), Gap evidence 3, 4, and 15, respectively.

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