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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On February 1, 2012, the Plaintiff entered into a gift agreement with the Defendant with the following terms (hereinafter “instant gift agreement”).
- For the transmission and preservation of E following the maintenance of the network D, the father of the defendant, the defendant donated 50% of the land before the division of this case to the plaintiff 9.25 m20 m2 (hereinafter referred to as "the land before the division of this case"), and the remaining 50% shall be leased to the plaintiff free of charge and the decision shall be made by mutual consultation.
(Provided, That the time of donation by the defendant shall be registered with the plaintiff at the beginning of the E facility. - The defendant shall permit the plaintiff to establish superficies when the plaintiff constructs a new building, etc. within the above land (50% free of charge).
B. On July 28, 201, the Defendant received donations from the deceased, father, and completed the registration of ownership transfer under the name of the Defendant on the land before the instant partition. On February 6, 2012, after the conclusion of the instant donation contract, the Defendant’s brothers and sisters registered the provisional disposition of prohibition of disposal as the preserved right for the right to claim the return of the portion of inheritance on February 6, 2012.
C. After that, the land prior to the instant partition was divided into F. 4,628 square meters and C. 4,627 square meters prior to the instant partition on September 25, 2014 (hereinafter “instant land after the instant partition”). D.
From the date of the conclusion of the donation contract of this case, the Plaintiff commenced the production of the potteries necessary for the production of the potteries on the land before the division of this case. At present, after the division of this case, the Plaintiff completed the production of the potteries and the 2 potters (the potters) on the land in dispute.
[Ground of recognition] Unsatisfy, entry in Gap evidence 1 through 4 (including each number for a case with a serial number), the purport of the whole pleadings
2. Determination as to the cause of action
A. In order to enable the Plaintiff, an incorporated association, to complete the registration of ownership transfer on the disputed land under the name of the Plaintiff pursuant to the instant donation agreement, the Plaintiff to file a claim for the implementation of the procedure for filing an application for diversion of farmland.