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(영문) 서울중앙지방법원 2018.05.17 2017가합23818
소유권이전등기말소등기절차이행
Text

1. The plaintiff's lawsuit against defendant Incorporated Foundation B shall be dismissed.

2. The plaintiff's claim against the defendant Cridge.

Reasons

1. Basic facts

A. On July 26, 1965, the Plaintiff completed the registration of ownership transfer on the ground of sale on July 20, 1965 with respect to D major 638 square meters (the land category was changed to a religious site as of November 13, 1995; hereinafter “1 real estate”).

After that, the plaintiff completed the registration of ownership transfer based on the donation made on September 14, 1995 to the defendant Cridge (hereinafter referred to as the "defendant") on November 13, 1995.

(hereinafter “Registration of Transfer of First Ownership”). (b)

Meanwhile, on the other hand, prior to the acquisition of the first real estate, the Defendant Diplomatic Association completed the registration of transfer of ownership on January 27, 1982 with respect to the housing of 129 square meters and its ground (hereinafter “the initial real estate”) on the ground of sale and purchase on January 25, 1982, respectively, prior to the acquisition of the first real estate. The first real estate was transferred to a religious site on April 29, 1982 by exchanging the first real estate with G GJ of 139 square meters (the land category was changed to a religious site as of July 9, 1997; hereinafter “second real estate”) owned by F and acquired the registration of transfer of ownership on the ground of the exchange as of March 31, 1982.

C. However, the first and second real estate were merged as of July 9, 1997, and became the Dongjak-gu Seoul Metropolitan Government D Religious Site (hereinafter “instant real estate”). D. D.

On February 18, 2004, Defendant Chye completed the registration of ownership transfer (hereinafter “the registration of ownership transfer”) on the instant real estate in the Defendant Incorporated Foundation B (hereinafter “Defendant Incorporated Foundation”) on February 11, 2004.

[Ground of recognition] Facts without dispute, Gap evidence 1, 10 evidence, Gap evidence 11-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion

A. The first real estate was purchased by the Plaintiff with respect to Defendant C Educational Association and it was title trust to Defendant C Educational Association.

In addition, the second real estate was exchanged with the original real estate of this case, and the original real estate of this case was purchased by the plaintiff and only the name of the registration was made by the defendant Cridge.

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