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(영문) 수원지방법원안양지원 2019.08.23 2018가단110101
소유권이전등기절차 이행청구
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. D purchased forest land 21,611 square meters as stated in the purport of the claim (hereinafter “instant land”) by himself/herself with funds contributed by himself/herself, but completed registration of preservation of ownership in his/her own name on June 26, 1970 only 1/5 shares among them, and the remaining 4/5 shares are transferred to E, F, G, and H in title trust with one-fifth shares, and completed each registration of preservation of ownership in the name of E, etc. on the same day.

B. After that, D died on December 31, 1987, and I became a sole inheritor following the agreement on division of inherited property. On March 20, 2004, D’s transfer of ownership based on the agreement on division of inherited property was completed only on D’s 1/5 shares out of the land of this case under I’s name.

C. On August 2010, the Plaintiff agreed with I as to whether to purchase the instant land, and 4/5 shares of the said 4/5 shares.

Upon learning of the fact that the title trust status was known as in the same paragraph, around May 13, 201, I made it possible for I to file a civil lawsuit against the above title trustee or his heir with respect to the instant land trusted in title to E, F, H, G, etc., the father-child D, and filed a civil lawsuit against the above title trustee or his heir through a person who wishes to become a child of LH Corporation, and the above heir and the deposit number are sought, and if winning the lawsuit, the lawsuit shall be filed, 2/5 shares out of the shares shall be transferred to B, and if winning the lawsuit, the agreement on the transfer of ownership and the sale of real estate (the evidence of subparagraph 6; hereinafter referred to as the “instant agreement”) with I was prepared, and received from I, as activity expenses, KRW 15 million.

After that, on January 9, 2012, the Plaintiff entered into a contract with the Plaintiff to pay KRW 50 million to the said J in return for receiving a confirmation of the fact that “the ownership of the instant land to I would not exist,” which is the heir of the said H (the deceased on January 9, 1994).

The plaintiff has appointed a lawyer on behalf of I and against the heir of E, F, and the network H in the name of I.

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