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(영문) 부산지방법원 2015.01.28 2014가단58463

소유권이전등기

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. The facts subsequent to the facts are without dispute between the parties, or may be acknowledged pursuant to the purport of Gap evidence No. 1-1 and all pleadings.

The Plaintiff and the Defendants are co-owners of the instant real estate, and the network F is the husband of Defendant B and the father of Defendant C, and G is the DongF’s birth.

B. The real estate of this case is land owned by the networkF by 23730/2395 and G by 265/2395. Since each of the above shares was changed as indicated below, the Plaintiff shares by 21363/23950, Defendant B shares by 1259091/23950, Defendant C shares by 839394/23950, Defendant C shares by 262754/23950, and H shares by 16950/23950, respectively.

(3) Of the shares of Defendant 2, 265/2395/2395/2395/260 of the shares of Defendant 2, 361/29/200 prior to September 1, 198, 21361, 21361/390 of the shares of Defendant 2, 369/400 prior to September 2, 298 (1690/1950/169) No. 963. 2, 290/39 of the shares of Defendant 2, 390/296. 5 of the shares of Defendant 2, 2, 390/2, 296. 4. 7. 9/2, 2, 2905 of the shares of Defendant 2, 2, 390/169 of the shares of Defendant 2, 2, 3950/2, 2906.

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion: (a) around November 1991, the Plaintiff agreed to purchase the land in the instant case from the deceased F and G with a view to KRW 10 million; (b) paid the down payment of KRW 5 million on January 5, 1993; and (c) paid the intermediate payment of KRW 1 million on November 30, 1993; and (d) occupied the land in the instant case in a peaceful and public performance manner with the intention to own the land in the instant case.