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(영문) 대전지방법원 2018.12.20 2017가단223689
소유권말소등기
Text

1. As to each real estate listed in the separate sheet to Defendant C, the Daejeon District Court, Daejeon District Court, and the Daejeon District Court, Jun. 1, 2003.

Reasons

1. Facts premised on the premise that Defendant B (name D before the opening of name) is the father’s incidental, and Defendant C is the wife of the Plaintiff.

Attached Form

The respective real estate stated in the list (hereinafter “instant real estate”) was owned by Defendant C. As to the instant real estate on June 13, 2003, the Daejeon District Court, Daejeon District Court No. 44051, Jun. 18, 2003, the registration of ownership transfer under Defendant B (hereinafter “instant registration”) was completed on the ground of sale and purchase on June 13, 2003.

The Plaintiff has long been operating a cafeteria (hereinafter referred to as “G”) in the Dong-dong E-dong, Daejeon (hereinafter referred to as “E-dong”) and building that is adjacent to the instant real estate. The Plaintiff has been operating the G cafeteria (hereinafter referred to as “instant cafeteria”) between Ha and Ha, Ha, and Y B.

[Ground for Recognition: Facts without dispute, evidence Nos. 2-1, 2, and 8-1, 8, the purport of the entire pleadings (as to Defendant B), and deemed confession (as to Defendant C)]

2. Claim against the defendant B

A. The summary of the Plaintiff’s assertion 1) Plaintiff’s assertion that “The Plaintiff purchased the instant real estate from Defendant C, but the relevant area is not allowed to have two houses per household since the water source protection area was the water source protection area. The Plaintiff, which already owned the building, has inevitably completed the instant transfer registration by lending the Defendants’ understanding in the name of Defendant B. The instant transfer registration is null and void in violation of Article 4 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”). The Plaintiff sought for the cancellation of the instant transfer registration in lieu of Defendant C in order to receive the transfer of the instant real estate from Defendant C, by subrogation of Defendant C, in order to obtain the transfer of the instant real estate from Defendant C.”

Therefore, around 201, the Plaintiff sold the instant restaurant site (K land) to J in South Korea, and thereafter, the Defendant B also sold the instant real estate to J in 201. In 2017, the instant restaurant building was donated to J in South and North, and L land owned by the Plaintiff was also donated to J in South and North Korea.

Therefore, this case.

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