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(영문) 수원지방법원 성남지원 2017.01.20 2016가단201905
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. A. Around March 3, 2001, the Plaintiff purchased shares of G and H in total amounting to KRW 1.5 billion, out of the aggregate of the G, the network H, H (1/3 shares), I (1/6 shares), I (1/6 shares), and F forest sizeing to 15,364 square meters in Sinnam-si, Sungnam-si, which is jointly owned by J (1/6 shares) (hereinafter “land before division”), K prior to the Sinnam-si, G, and H’s share in the aggregate of the four parcels of G and H. 1.5 billion won in total.

B. On March 25, 2005, the land before subdivision was divided into 11,009 square meters of F forest land (hereinafter “instant land”), 462 square meters of N forest land, 813 square meters of O forest land, 685 square meters of P forest land, 2,395 square meters of Q forest land, and the instant land on April 18, 2005.

3.7. The reason for partition of co-owned property was that J and I transferred 2/18 shares to G, and H transferred 1/18 shares, respectively, to H.

C. Since September 27, 2008, G died on September 27, 2008, Defendant C, D, and E inherited their property.

1) Defendant B, C, D, and E are Defendant A (hereinafter “Defendant A”) on November 12, 2010.

(B) A contract for the sale of shares in the instant land (Defendant B-5,26,560/89,172,900, Defendant C, D, E, E, 3,511,037/89, 172,900) in the amount of KRW 140 million (hereinafter referred to as “instant contract”).

The Defendant A concluded a contract, and Defendant A remitted 62,901,370 won of delinquent taxes on Sinnam City and 12,833,630 won of delinquent taxes on Sinnam City, and the remaining 64,265,00 won to Defendant C on the same day on the same day. (2) Defendant A wired 15,79,671/671/89,172,90 of the instant land on the same day on the same day.

(i) complete the registration of ownership transfer relating to the registration of ownership transfer. [The entries in Gap's 3, 4, 28, Eul's 2 through 5, and the purport of the whole pleadings.]

2. The parties' assertion

A. Defendant B, C, D, and E, upon entering into a sales contract including the instant land from the deceased G, paid the purchase price by February 10, 2006, to the Plaintiff for the transfer registration procedure for the instant share out of the instant land.

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