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(영문) 서울동부지방법원 2016.03.16 2015나24371
소유권이전등기말소
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning for this court’s explanation is as follows: (a) No. 1 of the second judgment of the court of first instance, “Defendant B” shall be deemed as “Defendant B”; and (b) Defendant B purchased only 826m2 of the land before the instant partition from the Plaintiff; and (c) the Plaintiff, after subdivision, made a registration of transfer of ownership with respect to the Flue-gun of Gyeonggi-si, G 682m2m2, G 101m2, and 44m2 of an I road (total area of 827m2).

Nevertheless, Defendant B arbitrarily completed the registration of transfer of ownership with regard to the total area of 682 square meters in FF, G 101 square meters in G, and H 290 square meters in total with an opportunity to have necessary documents for the registration of transfer of ownership, such as the Plaintiff’s certificate of personal seal impression, etc.

As above, Defendant B completed the registration of ownership transfer with respect to H 290 square meters in excess of the subject matter of the instant sales contract, and such registration is null and void. Since the registration of ownership transfer with respect to Defendant C is also null and void, the Defendants are obliged to cancel the registration of ownership transfer with respect to H 290 square meters in their names.

In addition, “No. 6 and 7” is added to “No. 6 and “No. 7” in the 6th place, and “No. 16th place” is changed to “H 290mm2,” and “the 19th place of land” is the same as the reasoning of the judgment of the first instance, except for the case where “the 14th place of land” is changed to “the 5th place of land” and “the 16th place of land” is changed to “the 290m2,000m2,000,000,000 won

2. In conclusion, the Plaintiff’s appeal against the Defendants is dismissed as it is without merit. It is so decided as per Disposition.

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