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(영문) 수원지방법원평택지원 2017.04.06 2016가단45651
소유권이전등기
Text

1. Defendant B, D, and E shall be paid KRW 15,00,000 by the Plaintiff and shall be listed in the attached list to the Plaintiff at the same time.

Reasons

1. Determination as to the claim against the defendant B, D, and E

(a)as shown in the reasons for the attachment of the claim;

B. Article 208(3)2 of the Civil Procedure Act of each applicable provision of Acts [a judgment by the deeming party against the primary claim, and by the conclusion of the prescription for the acquisition of possession as a result of the completion of the prescription for the acquisition of possession (the content of the preliminary claim is the same as that against Defendant C]

A. Ground 1) Land listed in the separate sheet (hereinafter “instant land”)

(2) On March 23, 1993, the Plaintiff and the Defendants owned 1/2 shares, respectively, and Defendant B transferred 1/2 shares to the Plaintiff on March 23, 1993. (2) The Plaintiff newly constructed the instant building on the ground (hereinafter “instant building”) and completed the registration of preservation of ownership in the Plaintiff’s name as of March 27, 1995, and the title was maintained up to the day.

3) The deceased on February 2, 2016, and the deceased on February 2, 2016, the Plaintiff and the Defendants were their inheritors. [The respective descriptions of the evidence Nos. 1-1, 2, 2, and 5, based on recognition, and the purport of the entire pleadings.]

B. On February 9, 1993, the Plaintiff’s assertion 1, as to the primary claim, agreed to pay KRW 100,000,000 for each of the instant land to Defendant D and E in a manner of paying KRW 50,000 for each of the purchase price, while purchasing 1/2 of the instant land from the NetworkF. On June 19, 1995, the Plaintiff paid KRW 35,000,000 for each of the purchase price to Defendant D and E, and KRW 15,00,000 for each of the purchase price.

In the meantime, the deceased F without transferring the above shares to the Plaintiff, and the Defendant C, the heir of the deceased F, succeeded to the obligation to transfer the ownership of the deceased F in proportion to the 1/10 shares, which are the share of the inheritance.

As such, Defendant C received 15,00,000 won from the Plaintiff, and at the same time, Defendant C received 1/10 of the remainder of the purchase price from the Plaintiff and made the said sale on the Plaintiff’s share of 1/10 of the instant land.

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