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(영문) 대구지방법원 2016.04.20 2015가단110956
소유권이전등기
Text

1. As to the shares of 50/3308 square meters in 2,734 square meters prior to H in the Gyeongbuk-gun, G. A. As to the shares of 50/827 (1/4 of I/3 shares in No. 50/827).

Reasons

1. Basic facts

A. Prior to H, 2,734 square meters (hereinafter “instant land”) were owned by Defendant G as the 55/827 equity, the 50/827 equity, and Defendant B as the 722/827 equity.

B. I died on March 29, 1998, and at present there is a co-defendant with Defendant D, Defendant E, Defendant F and J (a co-defendant in this case, and a co-defendant in this case) who is his heir.

C. On October 20, 200, Defendant E entered into a contract with Defendant B to sell 50/3308 shares (50/827 x 1/4), one’s own inheritance shares in the instant land.

Defendant B entered into a contract with the Plaintiff on November 25, 2014 to sell 50/3308 shares purchased from Defendant E as above, as the shares of 722/827 shares that he originally possessed.

(B) only for the portion of 722/827 portion, the registration of ownership transfer is made in the plaintiff's future).

B. On March 23, 2016, between the Plaintiff and the J on the date of conciliation, the conciliation was concluded that the J sold 50/3308 shares (50/827 x 1/4), which are one’s own inheritance shares in the instant land, to the Plaintiff, and the Plaintiff would pay the purchase price to J.

E. The market price of the instant land is KRW 265,198,000.

On the other hand, among the land in this case, part 1 to 9, 18, 19, 20, 11 through 17, and 1 of the attached drawings among the land in this case is 2,52 square meters in size (the area corresponding to 772/827 in shares finally acquired after the Plaintiff acquired shares from Defendant D, etc. in accordance with this decision as follows) and (2) other part than this part, namely, the remaining part, which is successively connected with each part of 9, 10, 11, 20, 19, 18, 18, and 9 of the attached drawings, which is 182 square meters in size (the total area of 2,734 square meters in size corresponding to 55/827 in shares of Defendant G among the total area of 2,734 square meters), and Defendant G building is located on that ground.

[Ground of Recognition] Facts without dispute, entry of Gap evidence 1 to 17 (including each number), and this Court.

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