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(영문) 창원지방법원진주지원 2015.11.06 2015가단31427
소유권말소등기
Text

1. The plaintiff's respective claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The status of the party is based on Defendant B, and the Plaintiff is a partner, and Defendant C is an infant.

B. 1) The Plaintiff is deemed to have changed the ownership of each real estate indicated in the separate sheet indicating the attached real estate, etc., and the Plaintiff is deemed to have changed the ownership of 1,289 square meters (hereinafter “land before division”).

(2) On July 8, 1991, the land before subdivision was divided into the 755mm2 (hereinafter “after subdivision”) and the 534m34m2 (hereinafter “after subdivision”) of Changwon District Court, Changwon District Court, Busan District Court, 1974, the registration of ownership transfer was made on June 29, 197 with respect to the land before subdivision, which was divided into the 75m2 (hereinafter “after subdivision”) and the 534m2 (hereinafter “after subdivision”).

3) As to the land after division, the Plaintiff completed the registration of ownership transfer on the ground of sale on July 5, 1998 by the Changwon District Court’s Busan District Court’s Office of Registry No. 12863, Jul. 24, 1998 (hereinafter “instant registration of ownership transfer”).

(4) After the division, land was divided on February 25, 2008, and on February 28, 2008, the land category was changed from “the answer”; and on March 4, 2008, the registration of title title, such as each real estate indicated in the separate sheet (hereinafter “instant real estate”) on March 4, 2008, was completed, as the land and the instant real estate are the same real estate after division, and the registration of title, such as “the instant real estate,” “the instant real estate.”

5) As to the instant real estate, Defendant B completed the registration of transfer of ownership on April 15, 2013 with the Changwon District Court’s Busan District Court’s Office of Registry on April 16, 2013 as the donation No. 5285, April 15, 2013. [The purport of the entire pleadings is as follows: (a) there is no dispute over the grounds for recognition; (b) evidence No. 1, evidence No. 2-1 through 3, evidence No. 3, and evidence No. 5-1 through 3, respectively;

2. Determination on the cause of the claim

A. On the grounds delineated below the Plaintiff’s assertion, Defendant B was obligated to implement the procedure for ownership transfer registration with respect to the instant real estate, and thus, in collusion with Defendant C, donated the instant real estate to Defendant C in violation of this provision, and thereafter, Defendant C’s name.

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