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(영문) 수원지방법원 2016.11.25 2016가합74299
소유권이전등기
Text

1. The Plaintiff indicated on the attached sheet No. 4, 5, 6, 7, 8, 28, 14, 15, 16, 17, 27, 26, among the 301m2 in Pyeongtaek-si D Cemetery 3010m2 in Gyeonggi-do.

Reasons

1. Facts of recognition;

A. Defendant B and Nonparty E purchased from F in around 2003 the land of Pyeongtaek-si D Cemetery 7,203 square meters (hereinafter “instant land before the instant partition”) and the land of the G prior 678 square meters (hereinafter “instant two land”). Defendant B, who purchased the land before the instant partition, had to own the land of the instant case 3,923 square meters in addition to the indication or the part indicated in the attached Form, and to transfer the remainder, the sum of 1,980 square meters in total, and the sum of 1,344 square meters in total, to a designated person by E.

B. Of the land before the instant partition, Defendant B received the registration of ownership transfer from F on February 25, 2004 with respect to the share 3,923/7,203 among the land before the instant partition, E received the registration of ownership transfer from F on February 25, 2004, and the remainder 1,300/7,203 shares still remains in F’s name.

C. Around April 2004, Defendant LD Industry Development Co., Ltd. (hereinafter “Defendant LD Industry Development”) purchased shares of 270/7,203 shares out of the shares of 3,923/7,203 shares, not the shares of the F in the development of Defendant LD industry, among the shares of 3,923/7,203 shares.

Around November 2005, the land before the instant partition was divided into a H cemetery 104 square meters (hereinafter “instant three land”), an I cemetery 166 square meters (hereinafter “instant four land”), and a D cemetery 6,933 square meters (hereinafter “the land after the instant first subdivision”), which are the project site parts of Defendant B and E (hereinafter “instant land”).

E. After the death of E, Defendant B and Defendant C filed a lawsuit against the heir for the claim for settlement, etc. (this Court 2005Gahap130). On June 2, 2008, “A” in the above case ① Defendant C after the first division of F in the instant case, and “F shares (1,300/7,203-270/6,933) in the land after the first division of F, and E’s heir and Defendant B transferred ownership of F shares in the instant case 2, 3, and 4.

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