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(영문) 수원지방법원 2014.10.07 2013가합24798
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The plaintiffs' assertion

A. The Defendant entered into an agreement between the Plaintiff and the Plaintiff on the settlement claim (related to the main and preliminary claim) based on the withdrawal of the partnership (hereinafter “the network”) with the content that purchased the shares of 918/31,736/36 of the Fansung-gun of forest land 31,736 square meters in e.g., Blusung-gun, an elementary school, and resell it as a factory site and jointly acquire development gains therefrom.

On September 26, 1984, the Defendant received 18,750,000 won, half of the purchase price of the mother land of this case from the Deceased, and on September 29, 1984, from G, the former owner of this case, the registration of ownership transfer was made on September 28, 1984 with respect to the entire mother land of this case on the grounds of a sales contract.

On March 21, 2001, the land of this case was changed to the name of the administrative district, on March 10, 2003, after the registration conversion and division on November 27, 2009, the real estate indicated in the attached land (hereinafter “instant land”), on which the real estate indicated in the attached Table was located (hereinafter “instant land”), 209 square meters of H forest and forest, and 229 square meters of I forest and forest land (hereinafter “instant two lots land”). On October 29, 2013, the Defendant arbitrarily disposed of the entire land sold in this case on his own initiative, Namyang-N Co., Ltd.

Since the deceased died on March 11, 201, and the deceased withdraws from the partnership with the Defendant, the Defendant is obligated to settle the property of the association against the deceased’s inheritor.

The Plaintiffs, based on their respective inheritance shares, seek for the transfer of one half of the deceased’s share in the land of this case and the payment of one half of the value of the deceased’s share in the sale land of this case, as the preliminary one, and the payment of the aggregate value of one half of the land of this case and one half of the value of one half of the sale land of this case according to their respective inheritance shares.

B. The deceased asserted the ownership transfer registration of the cause of termination of title trust (related to the second preliminary claim) purchased the mother land of this case with the Defendant.

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