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(영문) 전주지방법원군산지원 2016.10.21 2016가합37
약정이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On January 20, 1987, the Plaintiff, C, D, E, and F completed the registration of ownership transfer as co-owners of each fifth share of land G, H, I through J, K, and L (hereinafter “instant land”).

1.5 C, D, E, and F 1.25/6 of the name ratio M 1.5 C, D, E, and F, 0.25/6 of each of theO.

B. The Plaintiff’s father M, C, D, E, F, N, and Defendant’s father (hereinafter collectively referred to as “M, etc.”) agreed to exercise the ownership of the instant land in accordance with the following shares. From around 1988, some of the instant land were sold in multiple times from around 1988.

C. Part of the instant land was sold to Gunsan City for KRW 102,131,470 on September 16, 2004 and KRW 102,090,00 on November 15, 2005, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, fact-finding on the military industry market by this court, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since 1988, the Plaintiff’s assertion M, etc. sold part of the instant land as co-owners of the instant land, and distributed each purchase price in proportion to shares of ownership. Since M, etc. died, the Plaintiff sold part of the remaining land and distributed the purchase price in proportion to shares of ownership.

At the time, the Plaintiff owned 1/5 (20%) of the land in this case, and thereafter acquired 1/20 (5/20) of the total E/F, thereby practically owning 1/4 (25%) of the land in this case.

As M’s heir, the Plaintiff is a substantive owner of not only one fifth portion of the share in the land that was not sold at the time of the death of M, but also the remainder of 1/20 of the share in the Plaintiff’s name.

After that, part of the instant land was sold on September 16, 2004 and November 15, 2005 at Gunsan, respectively, and the Plaintiff sold at 25% of each purchase price.

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