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(영문) 청주지방법원 2018.12.12 2017가단108226
소유권이전등기
Text

1. The Defendant shall conclude a settlement agreement with the Plaintiffs on June 1, 2016 with respect to each of the 6/90 shares of each of the lands listed in the separate sheet.

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant are children of the deceased K (Death of August 3, 1973), and the defendant is the south of the deceased.

B. Of the lands listed in the separate sheet (hereinafter “each of the instant lands”), the land listed in paragraph 19 among the lands listed in the separate sheet (hereinafter “each of the instant lands”) was completed on October 12, 1962 on October 10, 1962, when the deceased’s survival.

In addition, the remaining lands were owned by the deceased at the time of the death of the deceased, and the registration of ownership transfer was completed on the ground of inheritance as of September 5, 1973 in accordance with the Act on Special Measures for the Registration, etc. of Real Estate (Act No. 3094, Mar. 9, 1981).

In addition, after the death of the deceased, the transfer registration of ownership was completed in the name of the defendant solely after the death of the deceased on the land in the name of the deceased.

C. Meanwhile, Plaintiff E, F, G, and B (hereinafter “Plaintiff E”) filed a lawsuit seeking the cancellation of ownership transfer registration on the ground that the registration of ownership transfer in the name of the Defendant under the Act on Special Measures was null and void for part of the instant land (hereinafter “the prior suit”) with the Cheongju District Court 2016Kadan105763.

Accordingly, the defendant requested the plaintiff I to convene all of the punishments, and the plaintiffs and the defendant held a meeting on June 1, 2016, by gathering all the plaintiff D's house located in Jincheon-gun L in Jincheon-gun, Chungcheongnam-do.

As a result of the meeting, the plaintiffs and the defendant finally made an oral agreement (hereinafter referred to as the "agreement of this case") that contains a statement that "if the contract of sale is not concluded by June 13, 2016, the plaintiffs and the defendant sell the land on the upper side of the Gurosan Metropolitan City, deducts taxes from the price, distribute 60% to the plaintiffs, and 40% to the defendant."

E. Each of the instant lands is all the land located on the uppermost side of the street projected ditch.

[Ground of recognition] Unsatisfy, Gap evidence 1.

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