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(영문) 수원지방법원 2014.08.29 2012가단74478

소유권이전등기등

Text

1. The plaintiff's 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 Plaintiff is the spouse of D (Death on December 14, 201) and the spouse of Defendant B is the Dong E of D.

B. The changes in the legal relationship with respect to F forest land 5,790 square meters in Suwon-si, Suwon-si (hereinafter “instant land”) are as follows:

(1) On August 7, 1995, the land located in Suwon-si is originally owned by Defendant Family Council and G. On August 2, 1995, the Defendant Family Council completed the registration of ownership transfer on the ground of the cancellation of title trust on August 2, 1995, and became the sole ownership of Defendant Family Council.

(2) On June 26, 2003, Defendant B completed the registration of ownership transfer on the ground of sale on June 1, 2003 as Suwon District Court, Suwon District Court, Dongwon District Court, on June 26, 2003, as the receipt No. 87324 on June 26, 2003.

(3) On August 3, 2006, the land before subdivision was divided into 160 square meters of H forest land in Suwon-si, Suwon-si (hereinafter “the land after subdivision”).

(4) On the other hand, on August 2009, the Suwon District Court received the Dongwon District Court’s 82457 registration office on the instant land, the establishment registration of the mortgage amounting to the debtor B, the mortgagee-mortgaged agricultural cooperatives, the maximum debt amount of KRW 112 million, and the establishment registration of the mortgage amount amounting to KRW 90 million on September 11, 2009, which was received by the same registry office as the debtor B, the plaintiff of the right to collateral security, and the maximum debt amount of KRW 90 million, respectively.

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Defendant Family Council decided to sell the instant land upon the resolution of the general assembly in order to cover the costs of the lawsuit on the pertinent real estate owned by the Defendant Family Council, and the Plaintiff and the Defendant B jointly purchased the instant land at KRW 65,450,000 from the Defendant Family Council on June 1, 2003.

B. The Plaintiff and Defendant B jointly assessed 84 million won in total, including both the purchase price and registration cost of the instant land, acquisition tax, etc., and the Plaintiff thereafter.