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(영문) 서울동부지방법원 2018.11.13 2017가단102151
소유권이전등기말소 청구의 소
Text

1. As to the Plaintiff’s share of 49/89 square meters in the area of 89 square meters prior to Gwangju City, Gyeonggi-do:

A. Defendant B shall be Suwon District Court.

Reasons

1. Basic facts

A. On January 15, 2008, E shall prepare a sales contract with respect to the owner F of 89 square meters prior to Gwangju-si, Gyeonggi-do (hereinafter “instant land”) and the instant land as KRW 13,00,000, and completed the registration of ownership transfer in the name of Suwon District Court, Sungwon-nam Branch, Gwangju District Court, 2832, which received on January 15, 2008.

나. 원고는 2008. 7. 4. E과 이 사건 토지 중 북쪽 �향 49㎡에 관하여 존속기간 30년, 지료는 없는 것으로 정하여 지상권설정계약서를 작성하고, 수원지방법원 성남지원 광주등기소 2008. 7. 4. 접수 제39995호로 원고 명의의 지상권설정등기를 마쳤다.

C. On September 20, 2016, E entered into a sales contract with Defendant C on a total of KRW 172,00,000 for the purchase price of KRW 268 square meters for the total of KRW 89,000 for the instant land and KRW 179,000 for G in Gwangju-si (hereinafter “instant sales contract”), and received the purchase price from Defendant C, and completed the registration of transfer of ownership in the name of Defendant C as the receipt of receipt on October 31, 2016 by Suwon District Court Sung-nam Branch Branch, Sungnam Branch, Seoul District Court (hereinafter “instant sales contract”).

E was killed on February 27, 2017, and there was his spouse H, his wife, Defendant B, and I. On May 18, 2017, Defendant B received the adjudication to accept the report of renunciation of inheritance from the Chungcheong District Court of Chungcheong Branch of the Cheongju District on May 18, 2017, and H and I received the adjudication to accept the report of renunciation of inheritance from the same court on May 18, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1, 3, Eul evidence 7-2, 7-3, Eul evidence 1, 2-1, Eul evidence 3-1, Eul evidence 6, Eul evidence 1-2, Eul evidence 1-1, 2, Eul evidence 2-1, 2-2, and the purport of the whole pleadings.

2. The Plaintiff’s assertion and E, from F on January 15, 2008, had the Plaintiff registered the creation of superficies in the name of the Plaintiff on July 4, 2008 in order to title trust and guarantee the 49/89 shares of the instant land to E, while the Plaintiff purchased the remaining 40 square meters of land E, respectively.

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