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(영문) 수원지방법원 2017.01.19 2016나55469
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. On March 3, 2001, the Plaintiff entered into a sales contract with L(1/3 equity), M(1/3 equity), N(1/6 equity), O(1/6 equity), and 15,364 square meters of PP land in Seongbuk-si, Sungnam-si, Sungnam-si, which is jointly owned with L(1/6 equity), to purchase L and M’s total amount of KRW 5052 equity total amount of KRW 1.51,56 billion in sales proceeds (hereinafter “instant sales contract”).

B. On March 25, 2005, the land before subdivision was divided into 11,009 square meters of P forest land, 462 square meters of T forest land, 813 square meters of U forest land, 685 square meters of I forest land (hereinafter “instant land”) and 2,395 square meters of V forest land, and the instant land on April 18, 2005 was divided into 2,395 square meters of forest land.

3.7. The registration of transfer of share transfer to L, which is part of 1/12 shares ofO, was completed due to the partition of co-owned property.

C. The Plaintiff paid KRW 500 million in total to the deceased L, four times from March 3, 2001 to August 11, 2001, and the remainder payment was not made until August 30, 2002, and the Plaintiff paid KRW 542,774,610 in total for four times between October 23, 2002 and November 7, 2002. From January 21, 2003 to September 8, 2006, the Plaintiff paid KRW 1,02,208,390 in total to L over 22 times during the period from September 21, 2006.

1) The deceased on September 27, 2008, the deceased on September 27, 2008, and the wife C, J, and K succeeded to the property of the Defendant C, C, J, and K, and the Defendant B, C, J, and K was handed down the registration of transfer of shares due to inheritance through consultation and division on September 28, 2009, as to the shares of the instant real estate on September 16, 2010 by the Codefendant F, G, and H, the deceased on September 2009.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 6, 8, 10 to 39, and the purport of the whole pleadings

2. According to the above-mentioned facts of determination as to the cause of the claim, the deceased LL, except in extenuating circumstances.

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