logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.11.30 2015가단108359
소유권이전등기
Text

1. Defendant B’s donation was based on the Plaintiff’s donation on March 19, 2015 with respect to F. 410 square meters in Jeonnam-gun, Jeonnam-gun.

Reasons

1. Basic facts

A. On August 25, 1915, the F. 55 square meters in Seoul Special Self-Governing Province was divided into the F. 543 square meters in F. F. 543 square meters in total, H. and I. 12 square meters in total, after Nonparty G was investigated by Nonparty G on August 25, 1915.

B. As to the above FF large 543 square meters, Defendant B completed the registration of ownership transfer under the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, May 26, 2005; hereinafter “Special Measures Act”). Defendant C completed the registration of ownership transfer as the receipt No. 476, Jan. 8, 2007, by the Cheongcheon Branch Office of the Gwangju District Court’s Net Branch of Jeju District Court. Defendant C completed the registration of ownership transfer as the receipt No. 16409, Aug. 27, 2012 by reason of sale as of August 20, 2012.

C. On September 26, 2012, the instant real estate and J 133 square meters were divided into the instant real estate on September 26, 2012, and Defendant D completed the registration of ownership transfer on September 27, 2012 by the same registry office on the ground of sale as of September 11, 2012.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3 (including paper numbers) and the purport of the whole pleadings

2. The plaintiff's primary claim against the defendant B

(a) describe the reasons for the primary claim in the attachment of the indication of the claim;

(b) Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

3. The plaintiff's primary claim against the defendant C and D

A. The Plaintiff’s father, the Plaintiff’s father, purchased the instant real estate again from the network L, which purchased the instant real estate from the network G.

However, after completing the registration of preservation of ownership of the above real estate by the deceased G, Defendant B, the descendants of the above real estate, in collusion with Defendant C and D for the purpose of preventing the plaintiff from exercising his ownership, completed the registration of ownership transfer in the name of Defendant C.

Therefore, registration of each transfer of ownership in defendant C and D's name is based on the false representation of the conspiracy, and the cause should be cancelled as it is invalid.

(b) If the registration of ownership transfer is completed with respect to the judgment real estate, not only the third party but also the former.

arrow