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(영문) 수원지방법원평택지원 2017.12.20 2017가합8779
동업지분권 등 확인 청구의 소
Text

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

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

Reasons

Basic Facts

The plaintiff and defendant B are the children of the network D and network E, and the defendant C is the grandchildren of the defendant B.

The Plaintiff and Defendant B, prior to the division of the ownership transfer registration under the name of the Plaintiff and Defendant B, had the ownership transfer registration for the portion of 168/641 square meters among the 1,749 square meters (hereinafter “G land before the division”) and the 641 square meters (hereinafter “H land before the division”) of the 168/641 square meters (hereinafter “Fri-gun”) prior to the division, for sale and purchase on August 26, 1986. As to the 2,185 square meters (hereinafter “J land before the division”) and the 661 square meters (hereinafter “each building on the land before the division”), the ownership transfer registration for the Plaintiff 2/5 B, and the 330 square meters (hereinafter “each building on the land before the division”) from the Plaintiff on each day, due to the sale and purchase on each of the same day.

(hereinafter collectively referred to as “land prior to subdivision.” The G land prior to subdivision, such as the process of movement of land prior to subdivision, was registered respectively as one thousand and two hundred and seventy-two square meters prior to G on August 24, 1993. The registration of ownership transfer was completed on the same day with respect to the area of four hundred and seventy-two square meters prior to K on the same day. The registration of ownership transfer was completed on the ground of expropriation in the Republic of Korea on the same day. The entire G 1,277 square meters became the land listed in the attached Table No. 1 due to the change of administrative district on June 16, 1997.

Before subdivision, the registration of land category change was completed on September 25, 1990 as H miscellaneous land 641 square meters. On August 24, 1993, H miscellaneous land 641 square meters was divided into 333 square meters in H miscellaneous land, 308 square meters in L miscellaneous land, and 308 square meters in L miscellaneous land. Of 308 square meters in L miscellaneous land, the registration of ownership transfer was completed on the ground of expropriation in the Republic of Korea.

H 33 square meters in miscellaneous land were registered as 275 square meters in H miscellaneous land and 58 square meters in M miscellaneous land on July 14, 1994. With respect to 275 square meters in H miscellaneous land, the registration of ownership transfer was completed on July 14, 1994, and 58 square meters in M miscellaneous land. The registration of ownership transfer was completed on the ground of the division of co-owned property on July 14, 1994. The administrative district on June 16, 1997.

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