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(영문) 제주지방법원 2020.01.08 2019나14004
소유권이전등기
Text

1. The plaintiff's claim that was changed in exchange in this court is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. D 830 square meters in Seopo-si, Seopo-si (hereinafter “instant land”) was divided into 826 square meters prior to D Seopo-si and 837 square meters prior to E prior to E, Seopo-si, Seopo-si, and the land category of which has been changed, and the registration of ownership transfer was completed on April 19, 1978 on the ground of sale on April 13, 1978.

B. The plaintiff is F's south on September 10, 1997, and the defendant is F's mother.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, and 3, Gap evidence 2, Gap evidence 5, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the parties' assertion 1) The plaintiff's land in this case is the land trusted by F to the defendant, and the plaintiff first donated 150 square meters of the land in this case to the plaintiff on May 22, 1998 according to F's maintenance, and the defendant agreed to donate the above 150 square meters to the plaintiff on May 22, 1998. Thus, the defendant is obligated to perform the procedure for the transfer registration on the part (B) of the land in this case connected each point of the above 338 square meters in the ship, which was connected to the plaintiff on May 22, 1998, on the ground of the donation as of May 22, 1998. However, it is difficult for the defendant to take the transfer registration of the above part (B) in accordance with the above donation contract, the defendant's claim for the transfer registration on the land in this case to the plaintiff as well as the claim for interest on the expiration of the extinctive prescription period of the plaintiff's ownership.

On November 21, 2019, the defendant received an application for amendment of the purport of the claim filed by the plaintiff in this court on November 21, 2019, and the defendant maintained the existing cause of the claim and sought reimbursement of the value of the real estate in lieu of the registration of transfer of ownership.

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