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(영문) 서울고등법원 2015.11.13 2014나35398
소유권말소등기
Text

1.The judgment of the first instance, including any claims added at the trial, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. Claim for registration of cancellation (claim since the first instance court) is the same as the entry of the reasoning of the judgment of the first instance court, except for the entry, deletion, and addition under the following circumstances. Accordingly, this Court shall accept the claim for registration of cancellation by the main sentence of Article 420 of the Civil Procedure Act.

▣제1심 판결문 4쪽 표 아래 첫째 줄의 “2003. 6. 3.”을 “2003. 6. 25.”로 고쳐 적는다.

▣제1심 판결문 5쪽 14째 줄의 “C의 대리인으로서”를 삭제한다.

▣제1심 판결문 7쪽 13, 14째 줄의 각 “AC”를 “V”로 고쳐 적는다.

▣제1심 판결문 8쪽 19째 줄 마지막 문장 다음에 아래 내용을 추가한다.

After entering into the instant exchange contract, the Plaintiff: (a) received 400,000,000 won as the sales price to C; and (b) sold 261 square meters of L road and M 533 square meters of forest land (total 1,421 square meters, 430 square meters; hereinafter “exchange land”); (c) however, there is no financial data related thereto.

2. A request for registration of ownership transfer (the primary claim added to the trial);

A. The Plaintiff’s assertion 1) On October 27, 2003, C donated a certain share of the land exchanged to the Plaintiff’s wife, and the share was divided into the real estate indicated in the separate sheet. The Plaintiff was transferred by C with the right to claim ownership transfer registration on each of the above real estate, which was donated by C. The Defendant succeeded to C’s obligation to complete the ownership transfer registration on the ground of donation. Accordingly, upon the Plaintiff’s request by the Plaintiff who subrogated I, the Defendant is obligated to perform the procedure for ownership transfer registration on the real estate indicated in the separate sheet. 2) The Defendant’s assertion was led by the instant exchange contract, and C was not present at the time of the contract, using the fact that C was exchanged with 261 square meters among the land exchanged, and the remainder of 169 square meters was purchased by the Defendant.

C is the Plaintiff's owner of 169 square meters out of the exchange land.

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