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(영문) 제주지방법원 2014.10.02 2013가합2845

소유권이전등기 등

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Defendant D, B, and E are the Plaintiff’s children, and Defendant C is the Plaintiff’s wife as Defendant B’s wife.

B. The registration of ownership transfer in the name of Defendant D (5/10 shares), B (3/10 shares), and E (2/10 shares), based on the gift made on March 7, 1985 from March 11, 1985, was completed with respect to the instant real estate No. 1, and the same year on February 7, 2004

1.6.The full registration of the co-owner's shares in the defendant B's name was completed on the ground of the sale.

C. On September 27, 200, the registration of preservation of ownership in the name of Defendant D (5/10 shares), B (3/10 shares), and E (2/10 shares) was completed on September 27, 200, and on February 7, 2004.

1.6.The registration of transfer of all co-owners' shares in Defendant B's name was completed due to the sale and purchase.

With respect to the third real estate of this case, the registration of ownership transfer in the name of the defendant B was completed due to the sale on January 6, 2011.

E. On May 8, 2007 with respect to the instant orchard 1,851 square meters (hereinafter “the instant orchard”), the registration of transfer of ownership in the name of the Defendant B (1/2 equity), C (1/2 equity interest), and C (1/2 equity interest) was completed on the ground of the sale on May 4, 2007, and on June 12, 2013, the registration of transfer was completed in the name of the co-owner in the name of Jeju Special Self-Governing Province on the ground of the acquisition of the public land held on June 11, 2013.

Meanwhile, as compensation for the instant orchard, Defendant B received KRW 93,479,910 from the Jeju Special Self-Governing Province, and Defendant C received KRW 72,189,000 from the Jeju Special Self-Governing Province.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 3 through 5, 7 through 12, and Eul evidence 1 through 3 (including each number), the purport of whole pleadings

2. The plaintiff's assertion

A. At any time, Defendant B acknowledged that each of the instant real estate was owned by the Plaintiff on February 7, 2004, and agreed at any time to complete the registration of ownership transfer in the name of the Plaintiff, and Defendant B entered into the procedure for the registration of ownership transfer in accordance with the above agreement with the Plaintiff.