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(영문) 창원지방법원 2019.04.25 2018가단112768
소유권이전등기
Text

1. The Defendants: (a) on September 8, 2010, with respect to the Plaintiff’s 222 square meters of the window of Changwon-si, Changwon-si; and (b) on the inheritance shares indicated in the attached Form.

Reasons

1. Basic facts

A. On August 25, 1983, the ownership transfer registration was completed in the first place on the part of H 450 square meters prior to the window of Changwon-si, Changwon-si. (2) On the 450 square meters prior to the above H, the land was divided into 22 square meters prior to H on December 7, 1993 (hereinafter “instant H land”) and 228 square meters prior to J (hereinafter “instant J land”).

B. As to the instant H land, the registration of ownership transfer was completed on December 7, 1993 on the ground of sale as of November 24, 1993. 2) As to the instant land, the registration of ownership transfer was completed on November 13, 1999, and the registration of ownership transfer was completed on October 29, 199 in the Plaintiff’s future on December 8, 2010.

3) On the other hand, on November 11, 1999 with respect to the instant J land, the provisional disposition registration was completed to preserve the right to claim ownership transfer registration. C. inheritance relation 1) K died on January 28, 2018.

K’s children include Defendant B, Defendant C, Defendant D, and Nonparty L.

2) Meanwhile, L was killed on April 9, 2009, and his heir was Defendant E (C), Defendant F (C), and Defendant G (C). Ultimately, the Defendants inherited or inherited the deceased K’s property by inheritance shares as indicated in the separate sheet.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 6 (including additional number), the purport of the whole pleadings

2. Determination

A. The plaintiff 1 asserted by the parties, the plaintiff 1 purchased the J land of this case from I, even though he is not aware of the registration of the provisional injunction against the land of this case by the deceased K.

After the purchase, the deceased K found and the principal purchased the J land of this case, and the registration of ownership transfer for the H land of this case was completed due to mistake in the registration process, and suggested that the Plaintiff and the land should be exchanged.

On September 8, 2010, the Plaintiff and the deceased K agreed to exchange the instant J land and the instant H land, and transferred the registration of the instant J land to Defendant B, who is a father of the network K.

The network K is about the J land of this case.

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