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(영문) 서울고등법원 2017.05.19 2016나9638
소유권이전등기등
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On February 11, 2011, the registration of ownership transfer for the land D (hereinafter “D land before subdivision”) owned by C was completed on February 11, 201, and on December 5, 201, the land of 197 square meters and the land of 401 square meters before G was divided from D land before subdivision.

B. On August 5, 2011, the land of 215 square meters prior to J was divided into the land of 793 square meters prior to J, J, which was owned by H, and on August 9, 2011, the registration of ownership transfer was completed due to E trading in the future.

(hereinafter referred to as “instant land” by aggregating F, G, and J land at the time of J.

At present, the building indicated in the “Real Estate Indication” (hereinafter “instant building”) is constructed on the instant land, and on August 21, 2014, the instant building was registered to preserve its ownership, and on September 24, 2014, the registration of ownership transfer (400 million won on the register) was made in the Defendant’s future on the ground of sale as of September 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-1-3, the purport of whole pleadings

2. The plaintiff alleged by the parties concerned is the actual owner of the building in this case, and K is the owner of the building in this case without the title, and such preservation of ownership is null and void, and the registration of ownership transfer under the name of the defendant is also null and void. Thus, the defendant is obligated to implement the registration procedure for ownership transfer based on the restoration of the real name.

The plaintiff asserts that registration of preservation of ownership and registration of ownership transfer are attributable to the false representation of the defendant, L, E, etc.

As to this, the defendant purchased the land of this case and disbursed construction funds necessary for the new construction of the building of this case L, and the person who actually owns the building of this case before registration of preservation of ownership on the building of this case has been completed is L.

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