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(영문) 대전지방법원 2016.12.22 2016가합101918
소유권말소등기
Text

1. The main claim against Defendant B and C among the instant lawsuit is dismissed.

2. The plaintiff's defendant D.

Reasons

1. Presumed facts

A. On September 16, 2013, Defendant D completed the registration of transfer of ownership on August 16, 2013 with respect to the real estate of 64,265 square meters and G 1,172 square meters (hereinafter “instant real estate”) owned by the Plaintiff, the Plaintiff’s external village, for sale and purchase on August 16, 2013.

B. On the other hand, on September 6, 2013, the Plaintiff and Defendant D drafted a certificate with the following content (hereinafter “instant certificate”).

D, the owner of the F-U.S. F. F. The remainder of the developed land excluding approximately 354 square meters for the primary development of the said land, shall be divided by agreement after adding 1/2 to A. If it is not intentionally developed, or if it is not subdivided into the said land, A shall be developed and settled at will without D consent.

(other than development costs). A agreed to be jointly apportioned under the condition of developing the above land.

The intention of the above shall be excluded from the shortage of funds.

(If development is not performed on the ground of such funds, A shall be developed at will).

After that, on November 21, 2014, Defendant C completed the registration of ownership transfer for the instant real estate owned by Defendant D due to sale and purchase. Defendant C completed the registration of ownership transfer for the instant real estate owned by Defendant C on December 18, 2014.

The F forest land 64,265 square meters is divided into the real estate indicated in the attached Form and H forest land 280 square meters, and 711 square meters in I forest land, which is divided into 64,265 square meters in the form of a few partitions.

The transfer registration of ownership was completed to J on the land of 280 square meters in the above H H forest and 711 square meters in the I forest.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 (including a paper number, hereinafter the same shall apply) and the purport of whole pleading

2. Judgment on the main claim

A. The plaintiff and defendant D decided to develop the real estate of this case and carry out a joint project. The plaintiff secured and provided the real estate of this case from E at a price lower than the market price, and defendant D will invest the necessary funds, and first, defendant D will do so.

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