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(영문) 춘천지방법원영월지원 2015.04.22 2014가단2964
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The deceased C died on January 7, 2010, and the Plaintiff, the Defendant, D, E, and F are co-inheritors as children of the deceased C.

B. On May 2, 1994, the registration of transfer of ownership in the name of the deceased C was completed on the grounds of the sale on April 24, 1994 with respect to the land of 909 square meters in the G, Seowon-gun, Seowon-gun, G, H 8,069 square meters, and I large 546 square meters (hereinafter “land before division”).

C. After that, the previous 909 square meters of G was divided into the real estate indicated in paragraph (1) of the attached Table with the G 454 square meters and the real estate indicated in paragraph (1) of the attached Table, and the previous 8,069 square meters of H was divided into 629 square meters and 7,440 square meters before J, and the previous 629 square meters of land was converted into a site and was divided into each real estate listed in paragraphs 2 and 5 of the attached Table.

In addition, 7,440 square meters prior to J was divided into J, K, L, M, and N-land and divided into 4,035 square meters prior to J, and 3,405 square meters prior to J. The 3,405 square meters prior to J were divided into 827 square meters prior to P, 231 square meters prior to Q, 2,23 square meters prior to R, and 17 square meters prior to S, and the two thousand square meters prior to Q were divided into real estate listed in attached Tables 4 and 6.

In addition, I is divided into the real estate listed in Section 3 of the Schedule I and Section 3.

The deceased C completed the registration of ownership transfer in the name of the defendant on March 7, 2006 due to the gift made on March 2, 2006.

E. Around 2013, the Plaintiff filed a lawsuit against the Defendant seeking the return of the original property pursuant to title trust with respect to one-half portion of each real estate of this case as to the Defendant’s share in the Youngcheon District Court’s Young Branch Branch Branch 2013da3717, or the implementation of the procedure for the registration of ownership transfer due to unjust enrichment by reason of testamentary gift as of January 9, 1995 or the restoration of the authentic title, but was rendered a judgment against the said court on February 12, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 6, 8 (including branch numbers; hereinafter the same shall apply), the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff and the defendant shall bear half the purchase price at the end of July, 1993 and purchase the land before subdivision, and then purchase the land before subdivision.

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