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(영문) 수원지방법원 안양지원 2018.06.20 2017가단100374
기타(금전)
Text

1. The Defendant shall pay to the Plaintiff KRW 127,63,366 and the interest rate of KRW 15% per annum from September 27, 2017 to the day of full payment.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) had one male and female of Defendant, D, E, and Plaintiff 3 under its chain.

B. On December 22, 1954, with respect to 22/35 shares of 22/35 square meters (hereinafter “F land”) in the name of the Deceased on November 5, 1954, the transfer registration for ownership was completed on the instant F land under the name of the Deceased on November 18, 1992, under the name of the Deceased on November 5, 1952.

After that, on October 31, 1994, the Deceased donated the instant F land to the Defendant and completed the registration of ownership transfer on the said land on November 9, 1994.

C. On April 27, 1990, the Deceased donated the 1,061m2 to the Defendant, who is the head of Guang City, Guang City, G, and completed the registration of ownership transfer on the same day.

After that, on March 15, 2004, the Defendant divided the said land into H, 200 square meters for 200 square meters for H, 1, 200 square meters for paddy field, J, 77 square meters for 77 square meters for paddy field, and 103 square meters for paddy field. D.

Around July 28, 1995, the Deceased donated to D, anam-do, a land N (hereinafter “the N”) owned by M, a wooden cement, a branch of 51.80 square meters, a cement, a cement, and a branch of 41.90 square meters (hereinafter “N building of this case”) of the ground located on the land located on the king-si N (hereinafter “the N land”). On July 31, 1995, the deceased completed the registration of ownership transfer on the N building of this case on July 31, 1995.

E. Around April 2003, the instant N building was located within the development restriction zone and there was a right of refluence under the Act on Special Measures for Designation and Management of Development Restriction Zones, and D proposed to grant the Defendant the right of refluence of the instant N building.

Accordingly, the Defendant, on April 16, 2003, ordered D to divide the instant F land into part on its behalf, prepared a written confirmation on April 16, 2003 (hereinafter “instant confirmation”), and B excluded the dry field of F in Gyeonggi-do, the seat of which is located, instead of obtaining the N from D, instead of obtaining the building of the Guang-si in Gyeonggi-do.

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