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(영문) 수원지방법원안산지원 2015.05.08 2014가단29995
소유권이전등기
Text

1. As to shares of one-third of each of the real estates listed in the separate sheet:

A. Defendant B is against Defendant C on April 29, 2009.

Reasons

1. Determination as to the cause of claim

A. Facts 1) Defendant B’s each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) around July 28, 2004

(2) The Defendants and D acquired each of the instant real estate from April 29, 2009, to the effect that each of the instant real estate is divided into three equal parts as follows and divided into 634 square meters: the Defendants and D shall divide each of the instant real estate into their respective shares (refer to the attached drawing) and transfer their names.

If the conditions of land partition are met, the ownership transfer shall be made in installments under their own responsibility, and the expenses for the division and registration shall be paid by the transferee, and the defendant B shall, upon request by the defendant C and D, immediately keep and cooperate in the documents concerning the division and transfer of ownership.

Defendant B shall immediately keep and cooperate with each other with respect to all documents on the application for construction permission, the commencement and completion of construction works.

Provided, That the site for access roads shall be jointly owned, jointly used, and the name shall be the current owner, and the taxes and public charges on the share of the road shall be jointly borne by three persons.

Taxes, public charges and tax charges incurred by the transfer of ownership are responsible for each divided transferee.

Division Agreement (Evidence A No. 2) was made.

3) Around December 19, 2008, the Plaintiff lent part of the purchase price of 1,137 square meters and 678 square meters to Defendant C, the Plaintiff owned, and the Defendant C did not pay the above money. However, the Plaintiff demanded the return of the above loan to Defendant C. Since around April 29, 2009, Defendant C prepared a letter of performance of debt repayment (Evidence A No. 4) stating that “The amount already settled is to be settled by selling and settling the land of the members of Ansan-si, Ansan-si, Seoul-si, the Plaintiff’s members of Ansan-si, the Plaintiff, and the Defendant C did not pay the above money.”

5) Thereafter, around May 20, 2014, Defendant C shall transfer to the Plaintiff the said written agreement (as stated in the lower part of the evidence No. 2 of this case, “FF C share is stipulated to A and it is possible to divide” at the bottom of the evidence No. 2 of this case.

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