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(영문) 수원지방법원 2016.06.23 2014가단538525
토지분할 등
Text

1. The Defendants indicated on the attached sheet No. 12, 13, 14, 15, 16, 17, 18, 19, 20, 20, among the land size of E 4,921 square meters in Sungsung-si.

Reasons

1. The Plaintiff and the Defendants: (a) at the auction procedure in Suwon District Court F real estate auction case, the Plaintiff and the Defendants won the Plaintiff 12/18 shares each of the Plaintiff 12/18 shares; and (b) completed the registration of ownership transfer on December 4, 2009.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted 1) on October 22, 2009, the plaintiff divided the land of this case into two parts on the road, such as the defendants' appraisal, and the attached appraisal. The plaintiff asserts that the above mutual title trust relationship is terminated by service of the application for modification of the claim of this case. Thus, the defendants are obligated to perform the procedure for registration of ownership transfer. 2) The defendants asserted that there was no separate agreement with the plaintiff as to the land of this case.

B. Determination 1) A’s No. 2-1 (per note, the Defendants’ name is based on the Defendants’ seal imprint, and there is no dispute between the parties, and the authenticity of the entire document is presumed to have been established.

The defendants defense that the above notes were forged, but it is not sufficient to acknowledge the forgery only with the descriptions of the evidence Nos. 1 through 3, and there is no other evidence to acknowledge the forgery.

(2) According to the following circumstances, the evidence Nos. 2-2, 3, 5, 6, and 7, each of the testimony of the witness G, and each of the testimony of the witness G, i.e., the following circumstances, which are acknowledged by comprehensively considering the overall purport of the pleadings, i.e., the statement of October 22, 2009 concluded in the name of the Plaintiff and the Defendants, i.e., the appraisal of the instant land in the name of the Plaintiff and the Defendants, i.e., the land in question, as indicated in the separate sheet, shall have been divided into the Plaintiff as indicated in the separate sheet, and ii the Defendants issued a certificate of personal seal impression to attach it to

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