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(영문) 인천지방법원 2018.09.20 2016가단46498
소유권이전등기(가등기에 기한 본등기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 27, 2014, D Co., Ltd., a contractor, created 10,000 square meters (hereinafter “instant land”) including the F&T land owned by the Defendant as a housing site. The construction period was from November 1, 2014 to April 30, 2015; the construction cost of KRW 320,000,000 for the land divided from the instant land after the completion of construction; and the construction cost of KRW 800,000 for the land divided from the instant land was completed to the contractor or the person designated by the contractor in lieu of the payment of the construction cost (hereinafter “instant contract”).

B. The actual party to the instant contract is the subcontractor G, which is the husband of the Defendant, and the contractor is the father of the Plaintiff.

(hereinafter referred to as “contractor” without distinguishing between the contractor and G, and without distinguishing between the contractor and H, the contractor shall be referred to as “contractor.”

After the process of the instant civil engineering works, the Defendant, as designated by the contractor, completed the registration of ownership transfer on the same day on July 7, 2016, with respect to the land divided from the instant land as part of the construction cost of the instant contract, as to ① 556 square meters of forest land and 556 square meters of J-gun, Incheon, and 69 square meters of forest land (hereinafter “instant land”) divided from the instant land, and completed the registration of ownership transfer on the same day on the grounds of sale on July 7, 2016, and ② the registration of the right to claim ownership transfer was completed on the same day on the same day as the pre-sale on July 7, 2016 with respect to the forest as stated in the purport of the claim (hereinafter “instant land”).

C. At the time of the registration of ownership transfer and the provisional registration of the right to claim ownership transfer as stated in paragraph (1), the right to collateral security (the actual secured debt amounting to 135,000,000) was established on the instant land; and the right to collateral security (the actual secured debt amount to 30,000,000) was established on the instant land.

[Ground of recognition] No dispute exists, Gap evidence Nos. 1 and 3, and the purport of the whole pleadings.

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