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(영문) 창원지방법원진주지원 2015.11.26 2015가단1563
토지소유권이전등기
Text

1. Of each land listed in the separate sheet to the Plaintiff:

A. As to the shares of Defendant B, C, and D, each of 7/28:

B. Defendant E shall be 3.

Reasons

1. Facts of recognition;

A. On September 22, 1992, the Plaintiff and H specified each part of the 4,482m2 square meters in Gyeong-dong, Hanam-gun, J (hereinafter “J”) from the Plaintiff and H to purchase (hereinafter “the instant sales contract”). For convenience, the Plaintiff and H jointly purchased the said land from I in the amount of KRW 30 million, but the down payment amount is KRW 4 million at the time of the contract, and a written contract was prepared to pay the remainder amount of KRW 26 million at the same time as the transfer of land on October 31, 1992.

L, who acquired the buyer’s status from the Plaintiff and H, paid the above purchase price to I at that time, and received a specific part of K 4,482 square meters, each of which was purchased.

B. Thereafter, on March 2, 1993, the part purchased by H(EM) among K 4,482 square meters on the part purchased by H was divided into K 2,241 square meters, and the part purchased by the Plaintiff was divided into M 2,241 square meters.

After that, on August 7, 1997, K 2,241 square meters was divided into 495 square meters and N 1,746 square meters.

M 2,241 square meters were divided into each land listed in the separate sheet on April 17, 1996 (hereinafter “each land of this case”).

C. Meanwhile, upon the death of May 12, 1993, I succeeded to the rights and obligations of the Defendant B, C, D, and P, who is the deniedr, and theO died on February 12, 200 and succeeded to the rights and obligations of the Defendant B, C, D, and P as their children.

P, after the death of January 19, 2010, the defendant F and G inherited their rights and duties, who is the denied defendant E and his children.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 14 (including paper numbers), witness H's testimony, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the Plaintiff’s claim, according to the instant sales contract, Defendant B, C, and D, which correspond to the inherited shares among each land of this case, ought to implement the registration procedure for ownership transfer on September 22, 1992 with respect to the Plaintiff’s share of 7/28 shares in inheritance, Defendant E’s share of 3/28 shares, Defendant F, and G’s share of 2/28 shares, respectively.

3. Determination as to Defendant B’s assertion

A. Defendant B, etc.’s assertion to the instant sales contract.

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