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(영문) 서울중앙지방법원 2020.04.23 2018가합578285
소유권이전등기말소등기 등 청구
Text

1. Defendant C is the Plaintiff’s share of 1/6 of the land listed in the attached Table No. 1 and 1. of the buildings listed in the attached Table No. 2.

Reasons

Facts of recognition

The Plaintiff and Defendant C are married couple, Defendant B is the spouse of Defendant F who is the Plaintiff’s mother, Defendant D is the Plaintiff’s female, and Defendant E is the spouse of Defendant D.

On December 31, 1988, the Plaintiff purchased the land listed in attached list No. 1 (hereinafter “instant land”) from G, and completed the registration of ownership transfer as to each 1/3 share in the name of H, the birth of the Plaintiff, Defendant B, and Defendant C, respectively, on January 12, 1978.

On August 17, 1982, the Plaintiff completed the registration of ownership transfer for 1/3 shares registered under the above H’s name.

On January 1, 1988, the Plaintiff constructed a new building listed in Section 2 of the annexed Table on the ground of the instant land (hereinafter “instant building”); and the instant building was completed on February 18, 1989, and each registration of ownership was completed in the name of the Plaintiff and Defendant B as to each of the 1/2 shares on the same day.

On July 21, 2005, the Plaintiff completed the registration of ownership transfer for each of 1/4 shares to Defendant C, Defendant D, and E, among the shares of 2/3 registered under his own name with respect to the instant land.

On July 21, 2005, the Plaintiff completed the registration of ownership transfer for each 1/6 share of Defendant C, D, and E, among the shares of 1/2 registered in its own name with respect to the instant building.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 5 through 7, and 11, and the registration in the name of the defendants as to the land and building of this case by the plaintiff's title trust. In the case of defendant B, the registration in the name of the defendants as to the land and building of this case prior to the enforcement of the Act on the Registration of Real Estate under Actual Titleholder's Name (hereinafter "Real Estate Real Name Act"), but one year has passed since the enforcement date of the Act on the Registration of Real Estate under Actual Titleholder's Name, each of the above registration becomes null and void. The registration in the name of defendant C, D, and E is null and void after the enforcement of the Act on the Registration

Therefore, it is true.

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