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(영문) 인천지방법원 2013.11.21 2012가단221444
약정을원인으로한소유권이전등기 청구의 소
Text

1. As to Defendant B’s share of 3/13 square meters in the Hacheon-gu, Chungcheongnam-gu, Chungcheongnam-gu, Y 414.3 square meters, Defendant C, D, E, F, and G respectively. 2.

Reasons

1. Basic facts

A. On November 28, 1984, Daejeon District Court: (a) on the 414.3 square meters (hereinafter “instant land”); (b) on the grounds of the sale on November 28, 1984, Daejeon District Court (Seoul District Court Decision 2062, Jan. 25, 1985; and (c) on January 25, 1985, I had completed the ownership transfer registration in the future.

B. On October 31, 2012, I died; Defendant B is the spouse (the heir’s share 3/13) of I; the remaining Defendants are the children of I (the heir’s share 2/13).

C. The Plaintiff submitted the evidence Nos. 3-1 (hereinafter referred to as “each of the instant notes”) as evidence, and each of the instant notes is indicated as follows, and the I’s name is affixed with his seal imprint affixed thereon.

I, each of the above pages 102, 1207, J. J. J. K apartment 102, 1207, each of them will not drink in the future and late, and at the time of carrying on the business, he did not use the name of A without permission, and even any of the projects is subject to A's consent.

The obligations of each letter shall be borne by each letter and shall not be transferred to A.

Each letter is written with a different pen number of H in Boan-gu.

Land is originally subject to the transfer of ownership without any condition at A's request.

Each letter shall not claim consolation money, etc. if A is divorced, and shall be attached to each letter with a certificate of seal impression affixed to A's within the day.

On June 29, 2005, I [Ground for recognition: Facts without dispute, Gap's evidence Nos. 1-1, 3-1, Eul's evidence Nos. 1 and 2, appraiser's each appraisal result, the purport of the whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion (i.e., the instant land purchased the Plaintiff’s money and completed the registration of ownership transfer in the first future.

Luxembourg on June 29, 2005, when the plaintiff wishes, he promised to complete the registration of ownership transfer on the land of this case, and prepared and executed the letter of this case.

The defendants, the heir of I, the plaintiff, are the reasons for the agreement on June 29, 2005 with respect to their shares in inheritance among the land of this case.

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