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(영문) 서울중앙지방법원 2019.01.10 2017가단5163820
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, as the wife of H, had 1 South and North 4 women (Defendant, I, J, K, and L), including the Defendant, and H died on February 11, 2013.

B. H owned the land and the building located in the Namyang-si, Seoul, the Seocho-gu Seoul N. 397.5 square meters and the building of the 233.8 square meters and the 5-story above the ground as follows.

① P field 283 square meters in Namyang-si, Namyang-si, ② Q field 234 square meters, ③ R prior to 932 square meters, ④ prior to S, ④ 1,085 square meters, ⑤ prior to T, 772 square meters, ⑤ 772 square meters prior to T, ⑤ 70 square meters in V, 82 square meters in V, 82 square meters in V, 404 square meters in V before W, and 843 square meters prior to X.

C. On July 17, 2012, after the registration of transfer of ownership was completed under the name of the Defendant on the land P, R, and S, a building listed in attached Table 1(1) (hereinafter “Ydong building”), which is an animal and plant-related facility whose owner is the Defendant, was newly constructed on October 30, 2012. In addition, the registration of ownership was completed under the name of the Defendant on October 30, 2012. In addition, the building listed in attached Table 2(2) (hereinafter “Zdong building”), which is an animal and plant-related facility whose owner is the Defendant on the land and X land, was newly constructed and the registration of ownership was completed under the name of the Defendant on October 30, 2012.

On the other hand, on July 17, 2012, after the registration of transfer of ownership was completed in the name of the Plaintiff on the land and U land, 494.67 square meters in animal and plant-related facilities, the Plaintiff as the owner, were newly constructed on the land, and registration of ownership preservation was completed in the name of the Plaintiff on October 30, 2012.

After that, the transfer registration of ownership in the name of the defendant was cancelled due to the cancellation of agreement on October 16, 2012, and on August 28, 2013, the registration of ownership transfer was completed on February 11, 2013, and on August 28, 2013, WW land and X land were completed on August 28, 2013.

(e) Accordingly, the Zdong building and its site and the Ydong building shall be owned by its owner as the defendant and shall be the site of the Ydong building;

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