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(영문) 의정부지방법원 2015.10.28 2014가단16593
소유권이전등기 등
Text

1. All claims filed by the Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) and the Defendant are dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On April 10, 198, F on April 10, 198, with respect to D Large 2,830 square meters (hereinafter “D”) in Namyang-si, Gyeonggi-do, the shares of D 64/2,830, G 405/2,830, H is 330/2,830 shares, Defendant B is 394/2,830 shares, I is 397/2,830 shares, J is 675/2,830 shares, K is 280/2,830 shares, and L is 285/2,830 shares, and L is 285/2,830 shares, each of the above co-owners completed the registration of ownership transfer under the name of JJ, one of the co-owners.

B. The Plaintiff and Defendant B entered into an exchange contract, and Defendant B completed the registration of ownership transfer on October 17, 200 with respect to the Plaintiff’s 394/2,830 shares of the instant land among the instant land on October 10, 200. The Plaintiff completed the registration of ownership transfer on October 10, 200 with respect to the Plaintiff’s 394/2,830 shares among the instant land, and around October 200, the Plaintiff completed the registration of ownership transfer with respect to the Plaintiff’s 19mm2 (hereinafter “instant land”) in Namyang-si, Gyeonggi-si and the 206m2 of the N farm site in Namyang-si, Namyang-si (hereinafter “instant N land”).

C. Defendant C completed the registration of ownership transfer with respect to 474/2,830 shares, which are road shares, among the instant land among the instant D land due to inheritance through consultation and division on April 1, 2011. On August 29, 2012, Defendant C completed the registration of ownership transfer with respect to 74/2,830 shares, among the aforementioned 474/2,830 shares, as the gift was made on August 23, 2012 on the ground of the donation made on August 29, 2012, Defendant C completed the registration of ownership transfer with respect to 74/2,830 shares, H, 60/2,830 shares, 71/2,830 shares, 33/2,830 shares to P, and 130/2,830 shares to C C, respectively.

The Plaintiff received a prior notice of imposition of penalty surcharge of KRW 1,98,00,00 in accordance with Article 10(1) of the Act on the Registration of Real Estate under Actual Titleholder’s Name, on the ground that the Plaintiff did not apply for the registration of ownership transfer on August 29, 2012, even though it acquired shares of KRW 71/2,830 of the instant D land from the Namyang-si around March 2014 on October 17, 200.

[Reasons for Recognition]

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