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(영문) 울산지방법원 2021.01.15 2019가단128322
소유권이전등기
Text

The Defendant indicated the attached Table 22, 7, 8, 9, 10, 11, 12, 21, and 22, among the land size of 893 square meters in Ulsan-gun, Ulsan-gun, Ulsan-gun, the Plaintiff respectively.

Reasons

1. Facts of recognition;

A. On May 25, 1997, the Defendant sold 462 square meters (1,527 square meters) out of Ulsan-gun Fri, Ulsan-gun (hereinafter “Fri”) C, 218 square meters (hereinafter “land before subdivision”) to E, and received KRW 12.4 million per square meter (hereinafter “the instant sales contract”). (b) E died on September 11, 2018 (hereinafter “E”), and the deceased’s heir agreed on the division of inherited property that KRW 462 of the land before subdivision should be owned by the Plaintiff on November 22, 2019.

(c)

The Plaintiff requested the Defendant to register the transfer of 462 square meters out of the land before subdivision pursuant to the instant sales contract, and the Defendant completed the registration by dividing the land before subdivision into C 893 square meters and D 1295 square meters on December 5, 2019.

The location of C and D shall be as shown in the attached cadastral map.

(d)

After May 25, 1997, the Deceased and the Plaintiff used D 1295 square meters as a field of fruit, from the time of the closure of the instant pleading to the time of the closure of the pleadings. Of C 893 square meters, the Plaintiff and the Deceased used D 1295 square meters as a field of fruit. Of C 893 square meters, the appraisal in attached Form 22, 7, 8, 9, 10, 11, 12, 21, and 22 square meters of “BB” portion within 232 square meters of “BB” (hereinafter “the instant portion of land”) connected each point in sequence from May 25, 1997 to the time of the closure of the pleadings of the instant case, the Plaintiff and the Deceased were the parents and grandparents of the Plaintiff.

[Ground of recognition] Unsatisfy, Gap's statements and images as to Gap's evidence, Gap's commission of appraisal to the chief director of the Korea National Land Information Corporation, the purport of the whole pleadings

2. The allegations by the parties and the determination thereof

A. At the time of the instant sales contract, the deceased and the Defendant specified the subject-matter of sale in total of approximately 462 square meters for the portion of the instant land where the Plaintiff had a 1295 square meters (392 square meters) out of the land before the division and the C 893 square meters of the C 893 square meters and the Plaintiff’s parents and grandparents’ graves among the land before the division.

Therefore, the Defendant is entitled to the Plaintiff’s answer 1295 square meters and the instant land.

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