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(영문) 광주지방법원 2020.03.13 2018가단517631
소유권이전등기
Text

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

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. From around 1960, the Plaintiff’s attached Form 1, 2, 3, 17, 16, 13, 14, 15, 15, and 1 among the land adjoining to the Plaintiff’s house, the Plaintiff’s attached Form 1, 2, 3, 17, 16, 13, 15, and 274 square meters of land among the land adjoining to the Plaintiff’s house (hereinafter “the Plaintiff’s house”), the Plaintiff’s attached Form 1, 65 square meters of land inside the ship (hereinafter “the part “the Plaintiff’s house”). The Plaintiff’s attached Form 1, 2, 3, 17, 16, 14, 15, and 1 of the land adjoining the part of the instant dispute, and occupied the wall between the J site and the ship of this case.

B. On December 30, 1978, the net I sold the above site to the plaintiff who is son after completing the registration of preservation of ownership of the J site, and on February 21, 1987, after completing the registration of preservation of ownership of the building on the above site, I donated the plaintiff's housing to the plaintiff who is son and completed the registration of transfer of ownership.

Since then, the Plaintiff had occupied part 1 of the J site and inside ship between Gwangju Northern-gu and the instant dispute as the site of the Plaintiff’s housing in this case with the boundary of the fence.

C. Meanwhile, the registration of ownership transfer was completed on February 28, 1989 by the registration office of the Gwangju District Court, which was based on a sales contract as of February 3, 1989, for the 119 square meters prior to the Gwangju Northern District Court, including the instant dispute part, in the name of Defendant C, and the registration of ownership transfer was completed on January 12, 2018 by the same registration office, which was based on a sales contract as of December 12, 2017 in the name of Defendant B. After the instant lawsuit was filed, the registration of ownership transfer was completed under Defendant D, E, and F name as of July 11, 2019 in the name of Defendant D, E, and F. The registration office was completed on July 31, 2019 as of July 31, 2019.

Defendant D, E, and F: (a) on July 31, 2019, the registry office of the Gwangju District Court rendered a right to collateral security of KRW 155,000,000 with respect to the value of 119 square meters, including the instant dispute; (b) on July 31, 2019, Defendant D, E, and F, the registry office established a right to collateral security of KRW 155,00,000 with the maximum amount of debt to the Defendant G Cooperatives; and (c) on the same day, the superficiary as

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