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(영문) 청주지방법원 2017.06.20 2016가단103897
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

. Facts of recognition.

A. With respect to the Plaintiff’s share of approximately KRW 28 million out of the funds necessary to develop the forest land E (hereinafter “the forest land before the instant division”) in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do (the Defendant’s father) as a housing complex, as well as the transfer contract with the Plaintiff on May 20, 199 with the following contents, and the notary public was certified as KRW 1476 on 199.

The location of real estate: 2,200 square meters shall be transferred to A (Plaintiff) who bears all the expenses incurred in building roads and building permits during the 16,000 square meters of equity C in 32,130 square meters.

* Provided, That G Site 180 square meters are included separately. (b)

The defendant received on September 7, 200 the registration of ownership transfer from C on the ground of donation with respect to one-half of the forest land owned by C prior to the division of this case.

C. 1) On August 5, 2004, the Defendant sold the H 595 square meters owned by it to a third party, and delivered the price to the Plaintiff. (2) On September 12, 2006, the Defendant completed the registration of transfer of ownership under the Plaintiff’s name of G 600 square meters owned by it, and the Defendant completed the registration of transfer of ownership under the Plaintiff’s name of J 680 square meters owned by it on September 7, 2006.

On April 5, 2016, the Defendant: (a) attached to the Plaintiff the letter of undertaking with the following content (hereinafter referred to as “instant letter of undertaking”).

(hereinafter referred to as “instant undertaking”). Based on the Certificate No. 1476 of 199, B (Defendant) transferred B’s certificate of transfer in the name of 2,200 H (180 square meters), August 4, 2004, and J (206 square meters) on September 1, 2006, based on the Certificate No. 1476 of 199: (a) assigned a total of 1,632 square meters (land as a management plan) including 319 square meters for the extension site, and (b) assigned a total of 1,632 square meters (land as a management plan) to A (Plaintiff) or I, except that, after the authorization of the actual owner, I will transfer it after the approval of C.

E. The letter of undertaking of this case.

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