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(영문) 인천지방법원 2019.05.14 2018가단20339
공유관계확인
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 defendant is the defendant's wife.

B. The initial lot number and area of 1016 square meters in the Incheon-gun C, Incheon-gun, was 2795 square meters in the Incheon-gun C, but on February 2, 2004, 1779 square meters in the above land was divided and became 1779 square meters in Incheon-gun D-gun, Incheon-gun.

On April 4, 1996, the Incheon District Court's reinforcement registry office and the registration of ownership transfer was completed under the name of the defendant under the title of 6811.

B. The registration of ownership transfer under the name of the Defendant was completed as of April 4, 1996 by the Incheon District Court Strengthening Registry of the Incheon District Court with respect to the size of 1779 square meters on the D road of Incheon Strengthening-gun, as of April 4, 1996, and thereafter, the registration of ownership transfer was completed under the name of the Incheon District Court Strengthening District Court Registry of February 29, 2004 as of January 29, 2004 as of January 29, 2004.

(hereinafter referred to as “D land”, and the land before dividing it into the land of 1016 square meters and D land of 1779 square meters in Incheon-gun, Incheon-gun C, Incheon-gun, shall be “C land before dividing”).

There is a document stating that the Plaintiff, the Defendant, and the E made up of the name of the Plaintiff, “Incheon-gun C (Countermeasures), F (Countermeasures), approximately 2463 square meters, approximately KRW 2463, the total amount of KRW 00 million, KRW 100,000,000, KRW 100,000, KRW 100,000, KRW 10,000, KRW 10,000, KRW 23,000, and April 10, 1996”

(The entire content of the document is as shown in Appendix 1).

On the other hand, with respect to F. F. F. 5257 square meters (hereinafter “F. land”), the Incheon District Court's reinforcement registry office was completed on April 4, 1996 as E's receipt No. 6810.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1 through 7, witness E's testimony, purport of whole pleadings]

2. Determination

A. Determination 1 Plaintiff’s assertion regarding the cause of claim is as shown in the attached Table 2. The summary of the claim is as follows. “Plaintiff, E, and Defendant jointly purchased the land and CF land before division. The Defendant, on a sole basis, registered the land before division only in the name of the Defendant and registered it in the name of the said land thereafter.

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