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(영문) 의정부지방법원 2017.03.31 2016가단3942
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1, 2, 8, 5-2, 6-1, 2, 7-1, 9-1, 2, 3, 1 and 2.

On September 1, 1979, the Plaintiff completed the registration of transfer of ownership with respect to D 2,218 square meters prior to the division.

B. On February 1, 1988, D land prior to the subdivision was divided into D large 607 square meters, large 244 square meters (hereinafter “instant land”) in Macheon-si, Macheon-si, Macheon-si, Macheon-si, Macheon-si, Macheon-si, Macheon-do, 536 square meters in size, F large 740 square meters in size (hereinafter “F land”) and Macheon-si, Macheon-si, Macheon-si, 91 square meters in size.

C. On May 9, 198, the Plaintiff completed the registration of ownership transfer on the ground of sale as of March 28, 1988, with respect to D land after the partition. D.

(1) On July 24, 1996, the Plaintiff entered into a sales contract with the Defendant and I to set the sales price of the instant land as KRW 1 million and sell the instant land to the Defendant and I (hereinafter “instant sales contract”).

(2) On July 25, 1996, the Plaintiff completed the registration of ownership transfer with respect to each of the instant land 1/2 of the Defendant and I.

(3) On August 2, 2003, Defendant and I completed each registration of ownership transfer for each of the 35/244 shares out of the shares of Defendant and I in the instant land on July 24, 2003.

(4) On April 24, 2015, J completed the registration of ownership transfer with respect to the portion of 70/244 out of the instant land.

(5) At present, shares in the instant land by the Defendant and I are 87/244, respectively.

E. The instant land is located between D and E land after partition, and is actually used as a road for the passage of village residents.

F. (1) On July 7, 2003, the Plaintiff entered the F land change with J on July 7, 2003, as well as the FJ on July 316, 2003, and M. Ma.

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