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(영문) 대구지방법원경주지원 2015.10.20 2014가단12617
소유권이전등기
Text

1. The instant lawsuit shall be dismissed.

2. The litigation costs are assessed against C who is represented by the plaintiff.

Reasons

1. Basic facts

A. On September 3, 1976, G, H, and the Defendant’s name on September 5, 1970, when the ownership transfer registration was completed under the name of 1,079 square meters E at the time of the land substitution (hereinafter “land before the land substitution”). However, the ownership transfer registration for each of the above land was completed on June 5, 1970 under the name of G, H, and the Defendant on September 3, 1976, and the said land before the land substitution was replaced with the 1,031 square meters at the time of the first racing before the subdivision and the 1,974 square meters at the time of the subdivision, respectively.

B. The registration of seizure was completed on December 28, 2006 with respect to the one-third portion of H’s one-third portion of each of the lands before the said subdivision, and on December 27, 2006, the public sale procedure was commenced on December 27, 2006, and on December 26, 2007, J completed the registration of transfer of ownership for the reason of public sale on December 14, 2007 with respect to the one-third portion of H’s one-third portion of the above 2,031 square meters of land before the said subdivision.

With respect to the 1,974 square meters of the rice field, the registration of seizure on March 5, 2008 with respect to the 1/3 share in the name of H on March 5, 2008, and on February 12, 2008, K completed the registration of ownership transfer on March 5, 2008.

C. On December 7, 2011, the first 2,031 square meters in the first 2,031 square meters in the first 320 square meters in the Plaintiff-si prior to the said subdivision was divided into 320 square meters, L 1,668 square meters in L, and M 43 square meters in the first 2,00 square meters in the first 2,00 square meters in the first 2,00 square meters in the first 2,00 square meters in the first 2,00 square meters in the first 2,000 square meters in the first 2,000 square meters

The amount of compensation for land shall be KRW 1,668㎡ 27,373,540 above L 1,662,510,000 above L 1,668㎡ 27,373,540 above M 43㎡ 705,670 above N 1,318С 21,629,690

D. The above I 320 square meters, the above L 1,68 square meters, the above M 43 square meters, the above N 43 square meters, and the above N 1,318 square meters are incorporated into a road, and Korea completed the registration of ownership transfer on February 18, 2013, and the Defendant received from the Republic of Korea the payment of KRW 54,960,420 in total as follows as compensation for one-third of the above land:

【In the absence of dispute over the grounds for recognition, the entries in the evidence No. 1-5, the evidence No. 10, the evidence No. 11-1, 2, and 12-2, and 3, and the purport of the whole pleadings

2. Determination as to the Plaintiff’s motion for correction of a party indication

A. The defendant alleged by the parties.

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