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(영문) 춘천지방법원 2014.11.12 2013가단12207

소유권이전등기

Text

1. The defendant is based on the restoration of the real name of registration with respect to the real name of 939 square meters in Hongcheon-gun, Gangwon-do.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of all pleadings as a result of the fact inquiry with respect to Gap evidence Nos. 1 to 11 and Hongcheon-gun of this Court:

On February 21, 1963, Hongcheon-gun E, Gangwon-do, divided into 1540 square meters (hereinafter “E”) and 1,045 square meters, which was transferred to the register on November 6, 2008; hereinafter “E land”) and 939 square meters (hereinafter “instant land”) before Hongcheon-gun, Hongcheon-gun, Gangwon-do.

B. On December 1, 1994, G completed the registration of ownership transfer based on sale as of October 1, 1983 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

(2) G completed the registration of ownership transfer as above, attaching a guarantor H, I, and J’s letter of guarantee on September 5, 1994 to guarantee that the instant land was purchased from D on October 10, 1983 in the process of the registration of ownership transfer under the Act on Special Measures for Special Measures.

(3) On December 1958, K, the Defendant’s father, completed the registration of ownership transfer with respect to 585 square meters (hereinafter “L land”) prior to the Hongcheon-gun L, Hongcheon-do L, Gangwon-do. The Defendant’s donation to G, the Defendant’s father, and the ownership transfer registration was completed in G on October 19, 194.

(4) G died. On August 24, 2005, the Defendant completed the registration of ownership transfer on the instant land and L land based on the agreement on division of inherited property.

C. D deceased on April 13, 2008, and E land was terminated on May 26, 2008 by reason of an agreement on the division of inherited property in the future of the wife D on May 26, 2008.

In addition, on September 2013, the deceased D’s inheritors agreed on the division of inherited property that the instant land belongs to the Plaintiff solely.

E Land, L. L.