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(영문) 서울중앙지방법원 2018.12.21 2017가합573221

약정금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts: (a) the Defendant and the Defendant’s model C (hereinafter “the deceased”) owned one-half shares of each of the following lands; (b) the ownership of each land was changed following the partition of each land, donation, inheritance, division of common property, and sale; and (c) the ownership of each land was changed as follows.

(hereinafter referred to as the “instant real estate” is added to the said land.

On October 19, 2016, D forest land was divided into 26,040 square meters of D forest and E forest land into 26,041 square meters on October 19, 2016. On December 23, 2016, D forest was divided into co-ownership by the deceased’s descendants, and on December 17, 2016, for E forest land, registration of ownership transfer was completed in co-ownership by the Defendant and F, G, H, I, and J with respect to E forest.

B. On October 19, 2016, K forest 10,82 square meters was divided into 5,411 square meters of K forest and L forest 5,411 square meters of land on October 19, 2016. On December 23, 2016, K forest was divided into co-owned property on December 17, 2016, and each ownership transfer registration was completed under the name of the Defendant with respect to L forest.

The registration of ownership transfer was completed on January 31, 2018 with respect to 888 square meters of M forest and 148 square meters of N forest divided into 5,411 square meters of the above L, 5,411 square meters of land.

C. The Defendant and J own 1/2 shares of 587 square meters prior to P in Sungsung-si.

On October 19, 2016, Q205㎡ was divided into 2,102 square meters and 2,103 square meters prior to Q on October 19, 2016. The registration of ownership transfer was completed in the name of the Defendant for Q prior to Q on December 17, 2016, and for R prior to Q, with the co-ownership of the deceased’s descendants.

E. The Defendant and H own 1/2 shares each of the total area of 1,217 square meters prior to S in Sungsung-si.

F. The Defendant and G own 1/2 shares, each of which is 123 square meters prior to T in terms of harmony.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 6, 8 through 14, 18, 19, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is about the real estate of this case from the defendant and the deceased around 2005.