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(영문) 의정부지방법원 고양지원 2017.03.09 2015가단91150
소유권이전등기
Text

1. Defendant C shall, in order to the Plaintiffs, each point of the attached Form Nos. 2, 3, 6, 7, 8, 9, and 2, among the land size of 417 square meters prior to Pakistan-si.

Reasons

1. The facts recognized are as follows: “H” and “F road 271 square meters” (hereinafter “I”) under the name of J (K) and “LL forest 26,579 square meters (hereinafter “M”; and the “land before subdivision” was completed in the name of N (O). The registration of ownership transfer was completed in the name of N (O).

On October 27, 2010, Plaintiffs, J, and N made an agreement with the following contents (hereinafter referred to as “prior agreement”) and written a letter of prior agreement.

Prior Agreement

1. On November 30, 2010, A (the plaintiffs of this case) intends to remove all the buildings and structures located in the land before subdivision, and B (J) after cadastral subdivisions, B (J) intends to transfer to a person designated by A 46 square meters (153 square meters) and 32 square meters (105 square meters) out of H, and 40 square meters (132 square meters) out of M to a person designated by A.

2. If A fails to remove a building or structure until November 30, 2010, the ownership of the said land shall be deemed to have been waived.

3. Despite the removal of A, if B and C do not allow the transfer of the registration, there is no objection even if B and C do not object to the claim for damages.

5. The authorization or permission necessary for cadastral division shall proceed individually to A and C, and the cost shall be borne respectively.

J completed the registration of ownership transfer for all H and I owned by N on January 19, 2011.

On the other hand, Defendant C, who operates the defendant church, delegated the whole process to P among the members of the church, such as purchasing land for new construction of church-related buildings.

The Defendants, through P, received a donation of 26,962 square meters of the total 27,352 square meters of the land before subdivision from N, and accordingly, N was completed on June 7, 2012 with respect to H, while the Defendant church completed the registration of ownership transfer for I and M on May 31, 2012 with respect to I and M, respectively.

However, the plaintiffs are part of the land before partition according to the prior agreement with N.

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