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(영문) 창원지방법원 통영지원 2018.06.28 2017가단25641
소유권이전등기
Text

1. The Defendants trade on February 23, 2016 with respect to each of 1/5 shares of 70 square meters in Gyeong-gun G-gun G-gun, Chungcheongnam-do.

Reasons

According to the respective statements and the purport of the entire pleadings in the part of the claim for registration of ownership transfer, Gap evidence Nos. 1, 2, 9, and 10 (including each number number; hereinafter the same shall apply) and the entire purport of the pleadings, the fact that Ha, the outer mother of the plaintiff, on February 23, 2016, sold 70 square meters to the plaintiff, Gyeong-gun, Gyeong-gun, Gyeongnam-gun, and H died on April 14, 2017, and the heir died on the fact that there is the defendants who are children. The defendants are obligated to implement the procedure for registration of ownership transfer on the inheritance shares of 1/5 of each of the above land to the plaintiff on February 23, 2016.

According to Gap evidence No. 12 of the judgment as to the cause of the claim for construction cost, etc., Gap evidence No. 12 of the court below, and the purport of the whole pleadings, the defendant's non-party 1 and the non-party Hammo H prepared a letter of commitment to recognize that the plaintiff had a debt of KRW 3,640,00 in the cost of creating good farmland in Gyeongnam-gun, Gyeongnam-gun, and the cost of KRW 880,520,00 in total, KRW 4,520,00 in the cost of resolving the problem of K's land, and Eul died on April 1, 2015, and H died on April 14, 2017. The defendants are obligated to pay to the plaintiff KRW 904,00,000 per annum until 15,200,000 per annum 15,000 per annum from the next day to the date of the plaintiff's claim.

As to the determination of the statute of limitations defense, the Defendants asserted that the said claim for the construction price had already ceased to exist after the lapse of three years from November 201, 2013. Thus, it is apparent in the record that the instant lawsuit was filed on October 24, 2017 when three years elapsed from the time when IH prepared a letter of undertaking recognizing the obligation, but it is obvious that A’s evidence No. 13 was written.

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