(영문) 춘천지방법원 2013.12.03 2013가단5957

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(영문) 춘천지방법원 2013.12.03 2013가단5957

소유권이전등기말소 등

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The Gangwon-do 13416 square meters prior to the division (hereinafter “the instant land before the division”) was completed in the name of Nonparty C. However, on May 7, 1987, the instant real estate was divided into the area of 9819 square meters prior to the Gangwon-do Dacheon-gun D (hereinafter “instant land”) and the area of the instant land into the area of 3597 square meters prior to the Seocheon-do E, Seocheon-gun, Gangwon-do Macheon-do, and the registration procedure for ownership transfer was completed in the future of Defendant C.

B. On April 11, 1989, with respect to the size of 3597 square meters in the name of Seocheon-gun, Seocheon-do, Gangwon-do, which was C, the registration of transfer of each ownership was completed on January 24, 2004.

[Reasons for Recognition] Facts without dispute, Gap's entries in Gap's 1, 2, and 4 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. A. The summary of the argument 1) Around 1986, F of the Plaintiff’s husband F of the primary claim borrowed KRW 2,500,00 from the Defendant and agreed with the Defendant to transfer part of the land prior to the instant division into payment in kind in lieu of the above loan. The Defendant, due to the error of cadastral division or survey, knew of the ownership transfer registration on the ship (B) and (c) up to 199 square meters of the portion among the instant land, which are not included in the portion agreed to be acquired from F, and owned by F, and subsequently, completed the registration of ownership transfer on the part (1) and (c) up to 199 square meters of the portion of the instant land, which are connected in sequence with C and F, claiming the Plaintiff on behalf of C for removal in lieu of ownership, thereby having the Plaintiff cancel the registration of ownership transfer on the portion (C) and (c) 199 square meters of the instant land from 24,25,26,29,300 square meters of land to 17.47.

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