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(영문) 대전지방법원 2020.05.12 2018가단222881
지분소유권이전등기 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The land before the instant subdivision was owned by F (G) and H, I (J) and the Defendant, respectively, 1/24 shares, K, and L 6/24 shares, respectively, and M and N 4/24 shares, respectively.

B. On May 5, 1994, the Plaintiff entered into a sales contract with the other co-owners except the Defendant with respect to the land before the instant partition. On September 17, 1994, the Plaintiff completed the registration of ownership transfer for the total share of 23/24 shares of the above co-owners.

C. On November 12, 199, 1,211 square meters of the land before the instant partition was divided into C (hereinafter “instant land”). D.

On November 14, 2006, the Plaintiff completed the registration of ownership transfer under the name of the Plaintiff pursuant to the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”) with respect to Defendant 1/24 shares of E, forest land remaining after dividing the instant land into the instant land on the land before the instant partition (hereinafter “the remaining land”).

[Grounds for recognition] The descriptions of Gap 1, 2, 3, 7, and 9 and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) In the process of implementing the procedure for ownership transfer registration as to the shares of the Defendant out of the remaining land of this case, the Plaintiff concluded a sales contract with O, a representative of the Defendant, by setting the purchase price as three million won for the remaining land of this case and each share of the Defendant’s land of this case. Therefore, the Defendant is obligated to implement the procedure for ownership transfer registration as to the shares of the Defendant out of the land of this case to the Plaintiff. 2) Preliminaryly, the Plaintiff purchased from the remaining co-owners other than the Defendant, and occupied and managed the entire land of this case (the instant land and the remaining land of this case after the division) with the intent to jointly and openly own it.

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