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(영문) 인천지방법원 2021.01.28 2019가합51702

소유권이전등기

Text

The plaintiff's claim against the defendants is dismissed in entirety.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased from F on June 2, 1998 1,652.9/9,900 shares of 1,652.9/900 shares of Jung-gu Incheon Special Metropolitan City G forest 9,900 square meters, and the same year.

7.6. The registration of transfer of ownership in its name shall be completed.

B. On October 8, 2007, the foregoing Jung-gu Incheon Jung-gu G Forest was registered as 9,900 square meters of land E on October 8, 2007, and due to the division on the same day, 312 square meters of forest land and 312 square meters of forest land were changed into H, and 9,687 square meters of forest land E (hereinafter “instant land”).

The F’s 8,247.1/9,90 shares of the deceased on July 27, 2008 (hereinafter “the deceased”), and the deceased’s 8,247.1/9,900 shares of 24,741.3/108,90 shares to the deceased’s heir, and the shares of 16,494.2/108,90 shares to J, K, L, and M respectively.

(d)

On April 2, 2009, Defendant C, Defendant D, N, andO purchased shares of the instant land and shares of KRW 1,500,00,000 in total of the price of the instant land inherited by the deceased from Defendant C, J, K, K, L, and M, and completed the registration of ownership transfer on August 13, 2010 with respect to shares of KRW 90,718.1/435,60 among the instant land.

E. Following N’s death on March 15, 2012, Defendant B completed the registration of transfer of ownership on March 7, 2012, with respect to the portion of the deceased N’s 90,718.1/435,600 out of the instant land by mutual agreement.

F. Defendant D purchased 90,718.1/435,600 shares of the instant land from O over twice on September 26, 2013 and October 28 of the same year, and completed the registration of ownership transfer on November 5, 2013 and December 16, 2013.

G. As of the closing date of the argument of this case, the current status of the ownership of the Plaintiff and the Defendants as to the land of this case as of the date of the conclusion of the argument of this case is as set out in the column of “Joint” column in attached Table 2.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and Eul evidence No. 1 and the purport of the whole pleadings

2. The assertion;

A. On June 2, 1998, the Plaintiff, from the Deceased on June 2, 1998, indicated the annexed Form 3 drawings among the land in this case and the adjacent area of Jung-gu, Incheon, Jung-gu, Incheon, and the attached Form 1.