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(영문) 인천지방법원 2017.11.30 2017가단232852
소유권이전등기 등
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 plaintiff, C (former name D), E, and F are children, and the defendant is F's husband.

The above five persons jointly purchased the G land of Incheon Strengthening-gun and divided it into six parcels, and then decided to construct fences on their own land.

B. As a result, the Plaintiff completed the registration of transfer of ownership on G sites and L sites on February 6, 2007, respectively. ① H large scale 689 square meters (hereinafter “Plaintiff’s land”)

C. Plaintiffs, C, E, and Defendant, other than F, construct and own buildings on their own land, such as in the form of a certified copy of the cadastral map.

With respect to each road of this case, M. 259 square meters and N. 375 square meters, which falls under the passage routes between the Plaintiff, C, E, and the Defendant’s buildings (hereinafter “the road of this case”), the ownership transfer registration was completed on February 6, 2007 under the Defendant’s sole name. On the same day, each of the roads of this case is a servient estate, and the registration of the establishment of easement was completed by designating the Plaintiff’s land, C, and E as the dominant estate.

E. On August 3, 2016, the Plaintiff entered into a contract with theO to sell the Plaintiff’s land, its ground buildings, and 1/6 shares of each of the instant roads for KRW 300 million (hereinafter “instant sales contract”). However, upon the Defendant’s failure to obtain the registration of transfer of ownership with respect to 1/6 shares from each of the instant roads, the Plaintiff revoked the instant sales contract by paying penalty of KRW 20 million toO on September 20, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 4, and the purport of the whole pleadings

2. The plaintiff's assertion

A. At the time of the joint purchase of the land of Incheon reinforced Pool, the Defendant agreed to transfer ownership to the Plaintiff with respect to the 1/6 share of each of the roads of this case, and the Plaintiff also at the time of the instant sales contract.

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