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(영문) 의정부지방법원고양지원 2019.10.02 2018가단85408

지분소유권이전등기 말소등기절차 이행청구

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1. Of the 340 square meters in Gyeyang-gu Seoul Metropolitan City, the Defendant indicated in the attached Form 1 to 7, 2, 3, 1, 11, 12, and 1, respectively, on the part of the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 23, 1962, the Plaintiff’s husband D (hereinafter “the deceased”) completed the registration of ownership transfer with respect to the land of Gyeyang-gu, Seoyang-gu, Seoyang-gu (hereinafter “instant land”).

B. On April 22, 1992, E, which is the deceased’s relatives, completed the registration of ownership transfer on April 20, 1992 with respect to the portion of 73/340 of the instant land, on the grounds of sale and purchase on April 20, 1992. Of the instant land, E, a vinyl, etc. was installed and used in the ship connecting each of the said items in sequence with the indication of the attached drawing Nos. 1, 2, 8, 9, 10, and 1 in the order of priority among the instant land.

C. On December 28, 2001, the Defendant entered into a sales contract with E on 73/340 shares out of the instant land owned by E, and 73/340 shares out of the instant land owned by Seoyang-gu, Soyang-gu, Seoul (hereinafter “instant neighboring land”) and its 126,060,000 shares out of the land adjacent thereto, and completed the registration of ownership transfer on 73/340 shares out of the instant land on 14, 2002.

The Defendant is residing in a building on the adjoining land of this case, and the adjoining land of this case is located in a place between the land and the public road of this case.

E. The Deceased died on or around September 2008, and the Plaintiff completed the registration of ownership transfer on or around April 30, 2009 with respect to 267/340 shares out of the instant land due to an inheritance by consultation and division on September 29, 2008.

F. Of the instant land, a house with more than 80 years old since its construction (hereinafter “Plaintiff-owned house”) is located in the area of “1” part of “1” (hereinafter “the instant part of land”) connected with each point of the attached Form 1 through 7, 2, 3, 1, 11, 12, and 1, among the instant land, and the decedent is residing in the Plaintiff’s housing owned by the Plaintiff together with the Plaintiff.

Death, and the plaintiff is currently residing in the house owned by the plaintiff.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence No. 1, and this Court's high branches of the Korea Land Information Corporation.