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(영문) 제주지방법원 2020.09.21 2019가단55912

소유권이전등기

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The plaintiff's primary claim is dismissed.

The Defendant indicated in the attached Form 1, 2, 3, among the land size of 1203 square meters in Jeju-si, to the Plaintiff.

Reasons

Basic Facts

D owned E-U. 3716 square meters (hereinafter referred to as “E land before subdivision”) at the time of Jeju Island before subdivision.

The Defendant owned C orchard 1373 square meters (hereinafter “C land before subdivision”) in Jeju, which is adjacent to E land before subdivision.

Since the land owned by D prior to the above division was the blind-out of a road that could have access to the road for contribution, D and the Defendant agreed on September 18, 2006 as follows.

(hereinafter “instant agreement”). Of the land B before division, approximately 87 square meters of the following drawings (A) are jointly used by D and the Defendant.

The defendant shall contribute approximately 87 square meters on the road section to the Jeju Viewing Service without compensation.

The defendant shall prepare and grant a written consent to the use of roads when the plaintiff constructed.

The drawings attached to the above arrangement are as follows:

E on September 21, 2006, ED divided the F-source F-source 992 square meters in the land E before the subdivision, and the Defendant divided the G-source 170 square meters in the land before the subdivision on the same day.

D On September 21, 2006, the Plaintiff completed the registration of ownership transfer on the ground of a contract for exchange on September 18, 2006 with respect to G orchard 170 square meters in Jeju, which was divided into the land before the said subdivision, and combined the land E-source 2724 square meters in Jeju, after the division.

On September 21, 2006, the Defendant completed the registration of ownership transfer on the ground of the exchange contract dated September 18, 2006 with respect to Friwon 992 square meters.

D Around November 12, 2015, the Plaintiff died and succeeded to D.

After the division, the land category was changed to the site on June 9, 2016.

[Based on recognition, the Plaintiff and the Defendant agreed to use the portion of “A” on the ship connected in order to each point of the following items, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 1, while entering into the instant agreement with the Plaintiff and the Defendant, upon entering into the instant agreement, for free use of the same part of “A” (hereinafter “instant land”).

The purport of the above agreement is that the Defendant owns 1/2 shares out of the land of this case to the Plaintiff.