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(영문) 창원지방법원통영지원 2013.12.20 2013가단4226
소유권이전등기말소등
Text

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 registration of preservation of ownership was completed on March 29, 1983 in the name of D with respect to the land of 1078 square meters (hereinafter “land before subdivision”) prior to the division in the Dong-gu, Dong-si.

B. After doing so, the Plaintiff completed the registration of ownership transfer based on sale on May 14, 1986, No. 5582, which was received on May 15, 1986, with respect to the share of 43/1078 of the pre-division land.

C. On August 24, 1989, the Plaintiff completed the provisional registration of the right to claim ownership transfer in the name of E Co., Ltd. (hereinafter “E”) (hereinafter “E”) with respect to the above portion of the Plaintiff’s share in the land before partition.

After that, on May 30, 191, the land before subdivision shall be changed to a building site on June 17, 1993, the land category of which was changed to a building site on May 30, 1991, and entered in the attached list.

1. A list of the attached Form 770 square meters prior to the division (for the subsequent land, a list of the attached Table 770 square meters prior to the F on July 12, 2012) and the F prior to the division;

2. Entry of land) and G road of 150 square meters (attached Form);

4. In the separate sheet of 40 square meters prior to H, which was divided into land).

3. The land was divided into. E. Each land listed in the separate sheet (hereinafter collectively referred to as “each land of this case”).

Of them, each of the shares owned by the Plaintiff was completed on December 28, 2005 with respect to the share of 43/1078 (hereinafter “each of the instant shares transfer registration”) by the head of Changwon District Court No. 30942, Dec. 30, 2005, which was received on December 28, 2005.

(ii) [Ground of recognition] unsatisfy, Gap evidence 2 to 7 (including paper numbers, the purport of the whole pleadings);

2. Judgment on the plaintiff's assertion

A. The plaintiff asserts that although the defendant did not have concluded a sales contract with the defendant as to each of the lands of this case, the plaintiff shall establish a false sales contract by deceiving the plaintiff who is the Dof, and completed each of the registrations of transfer of ownership of this case. Therefore, the registration of transfer of ownership of this case shall be cancelled

(b) If the registration of ownership transfer is completed with respect to the judgment real estate, the registrant of the registration.

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