소유권이전등기
1. The plaintiff (Appointed)'s claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the plaintiff (appointed party).
1. Basic facts
A. F (Death on January 19, 2015) completed the registration of transfer of ownership on April 11, 1963 with respect to D orchard 1,668 square meters (hereinafter “D land”) in Gyeong-gun, Sung-gun, Chungcheongnam-do (Seoul) on the ground of sale on March 14, 1963, and G completed the registration of transfer of ownership on the same land on January 19, 2015. < Amended by Act No. 1417, Oct. 21, 2016>
B. The Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the Appointed C (hereinafter “Appointed”) completed the registration of ownership transfer with respect to D land on October 21, 2016, on the ground of sale and purchase as of October 12, 2016.
C. The E, 955 square meters (hereinafter “E land”) adjoining to D land, and the Defendant completed the registration of ownership transfer on September 5, 198, on the ground of sale and purchase as of August 24, 198.
On October 6, 2016, the Plaintiff prepared a land exchange agreement (hereinafter referred to as the “instant agreement”) with the Defendant, which connects each point of 8,9,10,11, 12, 13, 14, 15, and 8 of the attached Form No. 3 among the land in D’s capacity as G’s agent, to exchange part of 595 square meters of land (hereinafter referred to as “third land”) and the attached Form No. 1, 2, 3, 4, 5, 6, 7, 8, 16, 17, 18, 19, 19, 20, 21, 22, 23, and 1 of the attached Form No. 3 among the land in E’s name.
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 1 and 2 (including each number if there is an additional number), the purport of the whole pleadings
2. The assertion and judgment
A. The gist of the Plaintiff’s claim G delegated all the rights to secure access roads to D land to the Plaintiff, and the Plaintiff, upon several consultations with the Defendant, concluded the instant agreement with the Plaintiff to exchange the land (i) and (iii) land.
Since the plaintiff and the designated parties have purchased the D land owned by G in equal shares, the defendant shall be limited to the land according to the contents of the agreement of this case.