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(영문) 서울서부지방법원 2016.01.27 2015가합2539
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 16, 1996, as to the land indicated in paragraph (1) of the indication of the attached real estate (hereinafter “instant land”), the name of the Plaintiff B

9. The registration of ownership transfer was made on the ground of the sale on the 30th day, and the registration of ownership transfer was made on August 8, 1996 in the name of Plaintiff B, which was the fraud of Plaintiff B, on December 30, 2004, on the ground that the registration of ownership transfer was made on November 29, 200 in the name of Plaintiff B on December 30, 2004.

B. After that, on December 15, 2014, each of the instant real estate was registered on December 18, 201 in the real estate auction procedure (Seoul Western District Court E, applicant creditor D) by the Defendant at the time of compulsory auction (Seoul Western District Court E, and applicant creditor D).

C. Meanwhile, Plaintiff B, as Plaintiff B’s children, was transferred to the instant building on June 9, 1998, and thereafter, on February 27, 2002, he/she re-transfered Plaintiff B into the underground floor of the instant building on August 5, 2010 and has resided until now. Plaintiff B transferred the instant building on May 25, 199, but transferred the building to the cheon City on March 6, 2002, and thereafter completed the move-in report on March 3, 201 after re-transfer into the 305 building of this case on March 3, 2015.

[Ground of recognition] Facts without dispute, entries in Gap 1 through 3 (including a provisional number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiffs asserted that, from May 30, 198, the Plaintiffs occupied the instant building, which is a partnership property, and that, around October 7, 201, Plaintiff B prepared a testamentary document designating the Plaintiff A as the manager of the partnership’s property, the prescriptive acquisition of each of the instant real estate was completed. The Plaintiffs asserted that the prescriptive acquisition of each of the instant real estate was completed, against the Defendant who received a successful bid and completed the registration of ownership transfer.

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