(영문) 의정부지방법원 2014.12.11 2013가단161274

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(영문) 의정부지방법원 2014.12.11 2013가단161274

소유권이전등기말소 청구 등

Text

1. Defendant B:

(a) 1/2 shares out of the real estate listed in Schedule 1.

Reasons

1. Facts of recognition;

A. At around 1970, the mother of the Plaintiff and Defendant C, the mother of the Plaintiff and Defendant C, have been married her husband with four children (F, G, Defendant C, and Plaintiff) and they donated 45 square meters (this land became the real estate listed in attached Table 1) prior to the Gyeonggi-gun of the Gyeonggi-gun owned by E to E (the land category was changed, the area was converted, and the lot number was changed following the division adjustment on December 30, 1991).

On May 24, 1978, in relation to the above H land, E requires D to transfer the name of the ownership to Defendant C, who is the first child, and D to Defendant C on May 24, 1978, the same year as the receipt of the Dong-gu District Court Registry No. 38150.

4. The registration of transfer of ownership (hereinafter “the registration of transfer of ownership”) was completed on the ground of the donation from 20.0.

B. Around 1980, part of the above H’s land was incorporated into a fire-fighting road and expropriated thereafter, E constructed the real estate listed in paragraph (2) of the attached Table No. 2 (hereinafter “instant land”) on the ground of the real estate listed in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”).

However, regarding the building of this case, E did not complete the registration of preservation of ownership in its own name, and the registration of preservation of ownership (hereinafter “registration of preservation of ownership of this case”) was completed under the name of Defendant C by the Gu/ri District Court No. 28443, May 28, 1984.

C. Around that time, E donated 1/2 shares each of the instant land and buildings to Defendant C and the Plaintiff, which are two arches, and the ownership transfer registration was completed under Defendant C’s name with respect to the instant land, and the Plaintiff had not transferred 1/2 shares that he donated from Defendant C, but had the title as it was, and the Plaintiff did not transfer 1/2 shares that he donated from Defendant C in relation to the instant building.

Since then, Defendant C shall be liable for the damages incurred by Defendant C.

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