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(영문) 청주지방법원 2017.02.16 2014가합26092

소유권이전등기

Text

1. The intervenor's primary and preliminary and selective application for intervention of the independent party, and the plaintiff's lawsuit of this case

Reasons

1. Basic facts

A. The Plaintiff, Defendant B, the Intervenor, and Nonparty E are heirs of the network D (Death on August 11, 2014, hereinafter “the deceased”) that owned each real estate listed in the separate sheet.

B. On October 5, 2011, Defendant B completed the registration of transfer of ownership based on the gift (hereinafter “instant gift”) made on September 28, 201 under the name of the Deceased, as to each real estate listed in Articles 1 through 5, 7 through 14 of the [Attachment List Nos. 1 through 5, 201.

C. As a project implemented by the Korea Rural Community Corporation to improve the reservoir for agriculture in the F district, each real estate listed in the attached list Nos. 6, 8, 11, and 12 was expropriated, Defendant B received [the sum of KRW 146,114,120 as the compensation for expropriation of each real estate listed in the attached list Nos. 8, 11, and 120 as the compensation for expropriation of real estate listed in the attached list Nos. 6, 104,60 among those listed in the attached list No. 6] [the sum of KRW 146,114,120 as the compensation for expropriation of each real estate listed in the attached list No. 8, 11, and 120 (hereinafter “the compensation for expropriation of this case”) [the sum of KRW 453,218,720 as the compensation for expropriation of land directly received by the deceased, however, some of the above real estate appears to have been acquired by Defendant B].

On June 17, 2013, Defendant B completed the registration of creation of superficies of this case on each of the real estate listed in the attached list 3, 4, 5, 7, 9, and 10 with respect to the Korea Land and Trade Corporation (hereinafter “Defendant Corporation”) and the attached list 3, 4, 5, 7, 9, and 600,000 won with respect to the registration of creation of a neighboring mortgage of this case and each of the real estate listed in the attached list 3, 4, 5, 9, and 10.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 12, Gap evidence 5, 7, Eul evidence 6-1, 2, Byung evidence 1-2, 1-2, each entry, and the purport of the whole pleadings

2. Determination on the legitimacy of the request for intervention by an independent party

A. The intervenor in the summary of the intervenor's assertion shall be entitled to legal reserve of inheritance against the defendant B around the other.