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(영문) 대전지방법원천안지원 2015.06.09 2014가단18687

소유권이전등기

Text

1. As to the Plaintiff’s share of 8/40, Defendant B, and Defendant C, respectively, 3/140.

Reasons

1. The following facts may be acknowledged among the Plaintiff, Defendant B, C, and E by taking account of the overall purport of the pleadings as a whole, and between the Plaintiff and Defendant D pursuant to Article 150 of the Civil Procedure Act.

A. The Plaintiff, F, G, and Defendant B are siblingsed, and both H, I, J, and K are siblingsed, which are the fourth degree of punishment with the Plaintiff’s siblings.

B. On November 9, 1996, the above eight persons, including the Plaintiff, jointly purchased a forest land of 9,918 square meters (hereinafter “land before subdivision”) for the use of a clan as a clan mountain, and the eight-one percent shares among them are under the name of the Defendant B, and the remaining two-one percent shares are completed, respectively, in the name of I.

C. On January 20, 2005, the land prior to the subdivision was registered as 9,918 square meters of Ma forest in Masan-si on January 20, 2005, and was divided into the land indicated in attached Table 4,909 square meters of Masan-si, the land indicated in attached Table 1 (hereinafter “instant land”) and 1,310 square meters of Masan-si, Asan-si, and the ownership transfer registration was completed on March 23, 2005 with respect to Ma 4,909 square meters of Masan-si, Asan-si.

After that, on June 14, 2005, N Forest No. 1,310 square meters in ASEAN-si was re-divided into 1,227 square meters in Nasan-si and the land indicated in attached Table No. 2 in attached Table No. 2 (hereinafter “instant land”).

E. On January 20, 2005, the above eight persons, including the Plaintiff, agreed that H and their siblings share 1,227 square meters of land in the remainder of the instant case and 1,227 square meters of land in the Sinsan City. The Plaintiff and their siblings share 1/4 of each co-ownership share.

F. Meanwhile, on November 18, 2009, I died after having left Defendant C, Defendant D and E, a child, who was the denied on November 18, 2009.

2. According to the above facts finding as to the cause of the claim, among the lands Nos. 1 and 2 of this case pursuant to the division agreement on Jan. 20, 2005, Defendant C, D, and E who inherited their obligations according to their respective shares of inheritance after the death of I, respectively, with respect to their shares of 8/40 (=8/10 x 1/4) in accordance with the division agreement on Jan. 20, 2005 x Defendant C, D, and E, respectively.