logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 원주지원 2017.01.11 2015가단35453
소유권말소등기
Text

1. The plaintiffs' primary claims are dismissed.

2. The defendant's each of the plaintiffs 26,659,99 won and the defendant's each of them on the date of 208.

Reasons

1. Basic facts

A. The registration of ownership preservation was completed on November 11, 197, G, which was put by the plaintiffs on November 11, 197, with respect to the size of 254 square meters (the unit conversion on February 1, 197 into the size of 839.7 square meters, and the correction on the size of 340 square meters on August 1, 1983, hereinafter "the land before the division of this case") in the Gangwon-do, Gangwon-do prior to the division, and the registration of ownership preservation was completed on May 15, 2005 by inheritance of the property of the plaintiffs E and their children who were their wife E and children.

B. The Plaintiffs and E entered into each purchase and sale contract (the Plaintiff A, the Plaintiff B, and C, January 7, 2007, and January 9, 2008) with respect to each share of the Plaintiffs and E (2/9, respectively, of the land before the instant partition) (340 square meters) among the land before the instant partition with the Defendant (hereinafter “instant sale and sale contract”). The area of the land before the instant partition is indicated as 340 square meters in the instant sale and sale contract, and the purchase and sale price was determined by applying 15,000 won per square meter.

C. According to the instant sales contract, the Defendant completed the registration of ownership transfer on December 21, 2007 with respect to the Plaintiff’s shares among the land before the instant partition, and on January 10, 2008 with respect to the Plaintiff’s shares, B, and C, and on January 11, 2008 with respect to the shares of E.

E died on February 12, 2009, and the plaintiffs, their children, inherited their property.

E. On July 8, 2014, on the ground that the area of the land before the instant partition was erroneously registered due to mistake, the area on the land before the instant partition was corrected to 856 square meters.

F. On July 9, 2014, the land prior to the instant subdivision was divided into 360 square meters and 496 square meters prior to D, Gangwon-do, Seoul Special Metropolitan City.

[Reasons for Recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 6 through 9 (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The actual area of the land before the instant division is 840 square meters at the time of the Plaintiff’s assertion, which is the area on the register.

arrow