Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. I is the owner of JJ 307 square meters in Chungcheongnam-dong, Chungcheongnam-gun, and the Defendant purchased from K on August 18, 2003 a 332 square meters in size prior to H (hereinafter “instant land”) and completed the registration of ownership transfer as Changwon District Court No. 12111 on August 21, 2003.
B. On August 2, 2008, I (hereinafter “the deceased”) died on August 2, 2008, and the remaining plaintiffs, who are the plaintiff A and their children, succeeded to the deceased.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 4-1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiffs' assertion 1) From around 1980 to around 1980, the deceased's assertion 1,2,3,22,21, 20, 19, 18, 17, 16, 15, 14, 13, 10, 11, 12, and 146 square meters in sequence among the land of this case (hereinafter "the part of this case (a)").
(2) The portion on the ship (hereinafter referred to as “the part in this case”) in the order of 170 square meters in which Eul’s housing site is marked with the same appraisal drawing, and 13, 14, 15, 16, 17, 18, 19, 20, 20, 21, 22, 4, 5, 6, 23, 24, 25, 26, 27, 28, and 13 of the same appraisal drawing, and the parts in (a) and (b) above are collectively referred to as “the part in this case”.
(2) On August 18, 2003, K concluded a sales contract for the instant land with the Defendant on the part of the instant land, which was recognized as the possession boundary of the said land, and the part of the land outside the boundary possessed by the deceased is excluded from the object of sale and purchase, and as such, K drafted a certificate of undertaking (hereinafter “certificate of undertaking”) with the agreement to exclude the land outside the boundary possessed by the deceased from the object of sale.
3) Therefore, the Defendant is obligated to complete the registration of ownership transfer for each inheritance share of the Plaintiffs on the ground of the agreement on August 18, 2003 with respect to the part (a) of this case and the part (b) of this case 170 square meters among the land of this case to the Plaintiffs, who are the inheritors of the deceased. The Defendant’s assertion 1) is K.