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(영문) 서울동부지방법원 2016.11.04 2015가단107992
소유권이전등기말소
Text

1. The plaintiff's primary claim and the conjunctive claim against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 28, 1980, Defendant B married with E, the Plaintiff’s children, and Defendant C and D are their children.

B. On March 17, 2009, the Plaintiff filed an application for a new construction permit with the name of the owner as the Plaintiff in order to remove the old building located on the ground specified in the attached list (hereinafter “instant land”). On March 17, 2009, the Plaintiff obtained a construction permit from the head of Gangdong-gu Office on March 17, 2009.

C. On June 16, 2009, the Plaintiff entered into a donation contract with the Defendants on the instant land, and on the same day, filed a transfer registration of ownership (hereinafter “the instant transfer registration”) with the Defendants on the grounds of the said donation under Article 38509 for each of one-third portion of each of the instant land. D.

On June 22, 2009, the Defendants submitted to the Gangdong-gu Office a report on the change of the name of the owner from the Plaintiff to the Defendants, along with the Plaintiff’s written consent, and received the certificate of change of the construction participant on the same day.

E. After that, the buildings listed in the separate sheet (hereinafter “instant building”) were newly constructed on the instant land, and the Defendants completed the registration of preservation of ownership on July 1, 2009 (hereinafter “registration of preservation of ownership”) on each one-third portion of the instant building.

F. After that, on January 19, 2015, the Plaintiff filed a lawsuit seeking cancellation registration (Seoul Eastern District Court 2015dan101277, hereinafter “instant related lawsuit”) against the Defendants on the registration of ownership transfer in the name of the Defendants on the instant land on the ground of termination of title trust. The Plaintiff withdrawn the said lawsuit on January 22, 2015, which was three days after the said date.

G. On January 23, 2015, the Plaintiff proposed to the Plaintiff that the Defendants newly built a building on the instant land, which had been residing with the Defendant on January 23, 2015, due to the serious aging level of the building on the instant land, and the Plaintiff’s business.

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