(영문) 대전지방법원논산지원 2016.12.15 2015가단22055

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(영문) 대전지방법원논산지원 2016.12.15 2015가단22055

소유권이전등기

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1. All of the plaintiff's claims are dismissed.

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

Reasons

1. A part of the instant site is part of F.368 square meters (hereinafter “instant entire site”) in Chungcheongnam-gun, Chungcheongnam-gun, and Defendant B acquired ownership on May 17, 199 with respect to the instant entire site on the grounds of sale.

The current status of the entire site and a part of the site of this case is as shown in the attached drawing, and the part of the site of this case in the indication of the drawing is part of the site.

The Plaintiff is the owner of G G 209 square meters and its ground house adjacent to the entire site of the instant case.

Some of the land in this case is currently used as part of the closing party of the land owned by the plaintiff, as the part located inside the fence installed by the plaintiff in the vicinity of the land.

[Based on the recognition] No. 3, the evidence No. 3 is written. The result of the on-site inspection conducted by this court, the result of the appraiser's survey and appraisal

2. Determination as to the cause of action

A. As to the part of the site in this case’s assertion, Defendant C, the former owner, sold on February 28, 1997 to Defendant D (or Nonparty H, the Defendant D’s punishment) the remainder of the entire site in this case’s sales to Defendant B, but the ownership transfer registration for the entire site in this case was completed on the ground of the above sales.

Therefore, since Defendant B did not acquire ownership as to a part of the site of this case, the part of the site of this case among the registration of ownership transfer is null and void.

On the other hand, the Plaintiff acquired ownership of some of the site of this case through Defendant D, Defendant E on the ground of sale.

Therefore, Defendant C, D, and E are obligated to perform the cancellation registration procedure for the part of the instant site among the above transfer registration of ownership to Defendant C, the former owner, and Defendant C, D, and E are obligated to perform the registration procedure for the transfer registration of ownership for the reasons of sale to the latter.

유사 판례

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