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(영문) 춘천지방법원 2017.06.08 2016가단54097
소유권말소등기
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings as to Gap evidence No. 1, Gap evidence No. 2, Gap evidence No. 4, Gap evidence No. 6, Gap evidence No. 7, and Gap evidence No. 8.

On September 26, 2014, the Plaintiffs and Defendant C concluded a sales contract with Nonparty E to purchase the shares of 330/1176 square meters (hereinafter “instant land before the instant partition”) and the shares of 516/176 square meters (hereinafter “instant land before the instant partition”) from Nonparty E prior to the subdivision.

B. On October 16, 2014, among the land before the instant partition, the Plaintiffs filed for a share transfer registration with respect to each of 330/1176 shares, and Defendant C filed for a share transfer registration with respect to each of 516/1176 shares.

C. On August 28, 2015, in the instant land prior to the instant subdivision, the area of the land prior to the instant subdivision was divided into 15 square meters and 3 real estate indicated in the separate sheet in Chuncheon City, G, and the attached list, and became 501 square meters.

On November 13, 2015, the registration of the Chuncheon District Court with respect to the area of 501 square meters and the area of 15 square meters prior to Chuncheon City, G, on the grounds of the division of common property on October 27, 2015, and the registration of the total amount of shares transferred to Defendant C by the Plaintiffs on the grounds of the division of common property on October 27, 2015. On October 27, 2015, the registration of the total amount of shares transferred to Defendant C was completed. On the ground of the division of common property on October 27, 2015, Defendant C’s entire share transferred to each of the Plaintiffs on the grounds of the division of common property on the attached list was completed.

E. On December 3, 2015, the land category of F, 501 square meters prior to Chuncheon-si was changed to her “large” on December 3, 2015.

F. On December 3, 2015, the land category of G 15 square meters prior to Chuncheon-si was changed to “road” and became two real estate listed in the separate sheet.

G. On December 30, 2015, F. 501㎡ was divided into one real estate listed in the separate sheet and four real estate listed in the separate sheet on December 30, 2015.

H. On January 5, 2016, Defendant D completed the registration of ownership transfer with the Chuncheon District Court No. 227 on the 4 real estate listed in the attached list.

(hereinafter “instant transfer registration”)

annex.

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