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(영문) 의정부지방법원 2018.09.05 2018가합50888
금전지급 및 소유권이전등기 청구
Text

1. The Defendant: KRW 91,424,893; KRW 20,949,929; KRW 38,841,939; and KRW 38,841,939; and each of them.

Reasons

1. Basic facts

A. The plaintiff A is the non-party E's spouse, and is the plaintiff B, C, and the defendant's child.

B. On July 27, 2012, E entered into a sales contract for selling part of G forest land of 25,488 square meters (which was divided into H 7,676 square meters on July 10, 2014, and 10,610 square meters on which the said land was divided into 10,610 square meters on July 10, 2014; on May 16, 2017, J was again divided into 4,363 square meters and 6,247 square meters on the land specified in attached Table 1) (specific part of the land specified in attached Table 1) with respect to the above sales contract, on August 29, 2013, E filed a lawsuit against F and died on December 2, 2013 where the said lawsuit (hereinafter “instant lawsuit”).

(hereinafter referred to as “E”). (c)

On January 17, 2014, the Plaintiffs and the Defendant, the inheritor of the Deceased, prepare a written agreement on division of inherited property (hereinafter “consultation on division of inherited property”) with the content that the Defendant independently succeeds to all the property of the Deceased, including each land listed in the separate sheet (hereinafter “each land of this case”). Around January 17, 2014, the Defendant completed the registration of transfer of ownership in the name of the Defendant based on inheritance by division.

With respect to each of the instant lands by inheritance of the Defendant, KRW 22,318,480 was imposed on each of the instant lands in the name of the Defendant.

E. On October 16, 2014, in the first instance court of the instant lawsuit, the District Court rendered a judgment on October 16, 2014 that “the Defendant’s principal lawsuit and F request for the performance of land division procedures among the counterclaim, is dismissed, and the Defendant rendered a judgment on July 27, 2012 that “F shall implement the procedure for ownership transfer registration on the ground of sale on July 27, 2012” with respect to the share of 6,088/6,247 out of G forest (the District Court Decision 2013Da9892 (principal lawsuit), 2014Gahap2904 (Counterclaim)), and the Defendant appealed on October 30, 2015.

F. The Korea Expressway Corporation shall be the Korea Expressway Corporation (hereinafter referred to as “H land”) with land specified in attached Table 2 for the construction of the Highway.

On the other hand, each of the lands of this case is also.

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