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(영문) 춘천지방법원속초지원 2015.03.24 2014가단1265
소유권이전등기 등
Text

1. Of the instant lawsuit, the part of the Plaintiff’s primary claim against the Defendants is dismissed.

2. The plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 7 (including the serial number; hereinafter the same shall apply), the results of the measurement and appraisal entrustment to the High Military Branch of the Korea Cadastral Corporation and the purport of the entire pleadings.

On June 4, 1974, the network K (hereinafter referred to as the “the network”) completed the registration of ownership transfer on the 255 square meters (hereinafter referred to as “the instant land”). On May 16, 1974, the network K completed the registration of ownership transfer on the 241 square meters (hereinafter referred to as “the instant land No. 2”).

B. In around 1958, the Deceased newly built the housing indicated in the [Attachment List (hereinafter “instant housing”) and the said housing is located on the ground of each of the instant land Nos. 1 and 2, as shown in the [Attachment List].

C. Meanwhile, on March 27, 1997, I purchased the land of this case from the deceased and completed the registration of ownership transfer on April 1, 1997. The plaintiff purchased the land from I on October 23, 200 and completed the registration of ownership transfer on the land of this case on October 24, 200.

The defendants are children of the deceased.

E. The instant housing is currently occupied and used by M with the consent of the Defendants.

2. Judgment on the main claim

A. On March 27, 1997, I purchased all of the instant land and the instant housing from the Deceased on March 27, 1997, but at the time, the said housing was unregistered and completed the registration of ownership transfer as to the instant land No. 1.

The Plaintiff purchased the instant land Nos. 1 and 2 from I, and completed the registration of ownership transfer only with respect to the instant land No. 1 because it was not well aware of the Act.

Therefore, the Defendants, the deceased’s heir, are obligated to complete the registration of ownership transfer for the instant housing, and I shall complete the registration of ownership transfer for the said housing to the Plaintiff.

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