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(영문) 의정부지방법원 2017.02.10 2016나53108

소유권이전등기

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1. Revocation of a judgment of the first instance;

2. The Defendant indicated in the attached Form 1, 101 square meters among the 15,101 square meters of C orchard in Namyang-si, Namyang-si.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on July 11, 201, and the deceased’s report on the renunciation of inheritance (Seoul Family Court Decision 2011Hu7916), among co-inheritors, was accepted on October 10, 201, and the Plaintiff, the wife of the deceased, was the sole heir of the deceased.

B. From February 1982, the Deceased occupied 19,866 square meters of G forest land in Namyang-si, Namyang-si, the Defendant owned 19,866 square meters. The Deceased and the Defendant became aware only of the deceased’s possession around December 2001.

Therefore, on April 3, 2002, the Defendant entered into an agreement with the Deceased on April 3, 2002 that the Defendant would transfer to the Deceased shares equivalent to 50% of the portion possessed by the Deceased without compensation.

C. However, the Defendant did not perform the above agreement, and the Deceased filed a lawsuit against the Defendant claiming the registration of land ownership transfer against the Government Branch of the Seoul District Court (2002Kadan39708).

The above court rendered a judgment on May 20, 2003, and on June 10, 2003, stating that “the Defendant shall implement the procedure for the registration of ownership transfer on the ground of an agreement made on April 3, 2002 with respect to the Plaintiff’s share of 1652.9/19,000 square meters of G forest 19,866 square meters in Namyang-ju (hereinafter “instant judgment”), and the instant judgment became final and conclusive on June 10, 2003.

On June 11, 2003, the Deceased made a follow-up agreement on the legal relationship that became final and conclusive in the judgment of this case (hereinafter “instant agreement”) with the Defendant as follows.

The plaintiff and the defendant agree on the registration of transfer of land ownership in the case 2002Ga group39708 as follows:

1. The defendant shall move 400 square meters to the plaintiff.

2. The registration of subdivision shall be 350 square meters;

3. The remaining fifty square meters shall be jointly used on a road.

E. Meanwhile, on February 20, 2003, the Defendant changed the registration conversion and land category into C orchard 18,738 square meters (hereinafter “C land”) of G forest 19,866 square meters in Nam-gu, Namyang-si, Nam-si, Nam-si, and Qua is subdivided on the same day, and the area of C orchard is 18.