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(영문) 의정부지방법원 2016.04.12 2015가단16866

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) died on July 11, 201, and the report of the renunciation of inheritance by E and F (Seoul Family Court Decision 2011Hu7916) among co-inheritors was accepted on October 10, 2011, and the Plaintiff, the wife of the deceased, was the sole heir of the deceased.

B. On April 3, 2002, the Defendant agreed to transfer 50% of the shares of 19,866 square meters of G forest to the Deceased without compensation, in the Namyang-si, which was possessed by the Deceased and the Deceased.

However, the Defendant did not perform the above arrangement, and the Deceased filed a lawsuit against the Defendant claiming the transfer of land ownership by the government branch of the Seoul District Court’s Seoul District Court’s 2002Kadan39708. On May 20, 2003, the above court rendered a judgment from the above court that “the Defendant shall execute the procedure for the transfer of ownership on the ground of the agreement on April 3, 2002, with respect to the Plaintiff’s share of 1652.9/1986 out of the 19,866§³ in Namyang-si, Namyang-si.” The instant judgment became final and conclusive on June 10, 203.

C. On June 11, 2003, the Deceased agreed on the following (hereinafter “instant agreement”) with the Defendant and the instant judgment:

The plaintiff and the defendant agree on the registration of transfer of land ownership in the case 202Ga group39708 as follows:

1. The defendant shall move 400 square meters to the plaintiff.

2. The registration of subdivision shall be 350 square meters;

3. The remainder of 50 square meters shall be jointly used on roads.

The Defendant completed the procedure for the registration conversion of ownership in F’s name, who is a child of the deceased on June 12, 2003, on the ground that the donation was made on July 12, 2003, with respect to the portion of 1157/17/170 of the said land, falling under the “350 square meters out of the said land” as the registration conversion and land category change with C orchard 18,738 square meters (hereinafter “land before subdivision”).

E. Since Namyang-si, there was a registration due to the procedures for subdivision and partition of co-owned property as to the area of 18,738 square meters in Namyang-si, and the defendant is currently Namyang-si C.