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(영문) 의정부지방법원 2017.11.10 2017나203610
소유권이전등기절차이행 등
Text

1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.

purport, purport, and.

Reasons

1. In the first instance trial, the Plaintiff filed a claim against the Defendant for the registration of transfer of ownership based on the cancellation of mutual title trust, and the removal and the request for transfer of ownership based on ownership as a counterclaim. The Defendant filed a claim against the Plaintiff for the registration of transfer of ownership based on the cancellation of mutual title trust as a counterclaim, and it is evident that both the principal claim and the counterclaim were accepted, and only the Defendant filed an appeal.

Therefore, the plaintiff's main claim is only subject to the judgment of the court.

2. Facts of recognition;

A. The details of the change in ownership of the land in the attached list No. 2 of the attached list 1) F, G on July 22, 1981, Jri-do, Pyeongtaek-do (hereinafter “Jri-do”) are limited to “Jri-do”).

(2) On December 26, 1992, the Plaintiff purchased 165/330 shares out of H land before subdivision and completed the registration of ownership transfer with respect to 165/330 shares out of H land before subdivision.

3) Before the partition, H land is deemed as H large 165 square meters due to the partition of co-owned property as of September 6, 2012, and K large 165 square meters as prescribed in attached Table 2 (hereinafter “instant land”).

(2) On December 31, 2012, the Plaintiff: (a) completed the registration of ownership transfer on the share of 165/30 of the instant land No. 2; (b) on the ground of partition of co-owned property as to the share of 165/30 of the instant land; (c) on the other hand, D, on December 17, 1980, shall be a house of 1 unit building, 1 unit building, 25 square meters and 25 square meters (hereinafter “instant house”).

(C) On December 29, 1980, the Plaintiff completed the registration of ownership transfer with respect to the land E before subdivision. (C) On December 22, 1992, the Plaintiff indicated 9, 10, 18, 17, and 9 on the land attached to E before subdivision, and indicated 1,10, 18, 17, 16, 16, and 1, respectively.

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