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(영문) 서울중앙지방법원 2017.07.07 2016가단5272123

소유권이전등기

Text

1. The defendant shall be charged to C with the area of 676m2 in Gyeonggi-do, the district court of the Dong-gu, Dong-ri registry office 200

4.7.12.

Reasons

1. Basic facts

A. On April 7, 1982, the Plaintiff, along with E, entered into a sales contract with the net F of Dong-si, Gyeonggi-do with respect to the area of 393 square meters (hereinafter “instant land before the instant partition”) and the area of 1,405 square meters before G (hereinafter “G land”) owned by the Plaintiff and the Dong-si, Gyeonggi-do.

The Plaintiff and E shared 1/2 of the purchase price, and the transfer of ownership was registered in the name of the seller, netF.

B. After that, the Plaintiff agreed to own the land before the instant subdivision between the Plaintiff and E, and the G land separately owned by E.

C. On May 27, 2003, upon the death of the networkF, C, the deceased F’s heir, completed the registration of ownership transfer on the land before subdivision due to the inheritance by consultation and division on June 15, 199.

Accordingly, on July 12, 2004, the Plaintiff completed the registration of transfer of ownership under the name of the Defendant by lending the Defendant’s name and completing the registration of transfer of ownership. The Plaintiff completed the registration of transfer of ownership under the name of the Defendant on July 2, 2004 for the real estate

On the other hand, on November 8, 2012, the land before the instant subdivision was divided into 676 square meters (hereinafter “instant land”) and H623 square meters (hereinafter “H land”). D.

The Korea Highway Corporation (IDDD) has completed the registration of ownership transfer due to the acquisition of public land under the name of the Republic of Korea on April 8, 2014 by holding consultation about H land while implementing a private investment project.

E. The Korea Highway Corporation paid the Defendant KRW 299,394,660 as land compensation, KRW 6,90,00 as compensation for losses for obstacles, and KRW 2,118,820 as compensation for farming.

F. On June 23, 2014, the Plaintiff paid KRW 90,000,000 to the Defendant and E, respectively, for the consideration for the name lending, as well as KRW 10,00,000. However, the Defendant refused to implement the procedure for the registration of ownership transfer concerning the instant real estate.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 through 7, 10 to 18, respectively.