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(영문) 전주지방법원정읍지원 2016.10.25 2014가단4567
소유권말소등기
Text

1. The plaintiff (Appointed)'s claims against the defendants are all dismissed.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff (designated parties, hereinafter “Plaintiffs”) and the designated parties were either the 3/9 shares of the Plaintiff (appointed parties) and the 2/9 shares of each of the real estate listed in the separate sheet, respectively.

B. On March 22, 2005, the land indicated in paragraph (1) of the attached Table No. 1 (hereinafter “instant land”) was divided into the land of this case and the land of this case with a size of 502 square meters on March 22, 2005, which is the land located in the attached Table No. 1 (hereinafter “instant land No. 1”).

C. On March 23, 2005 with respect to the land No. 1 of this case, the Jeonju District Court’s vice registry office of the Jeonju District Court was received on March 24, 2005, and the registration of transfer of all co-owners’ share in the name of the Defendant C was completed on July 26, 2012 on the ground of donation on July 26, 2012, and the registration of transfer of ownership in the name of the Defendant B was completed on August 2, 2012.

Attached Form

On March 23, 2005 with respect to the land listed in paragraph (2) of the list list (hereinafter “instant land 2”), the registration of partial transfer of shares in the Defendant C was completed as the receipt of No. 4472 on March 24, 2005 by the same registry office on March 24, 2005, and the registration of transfer of ownership in the Defendant B was completed on July 26, 2012 by the receipt of No. 15724 on August 2, 2012 by the same registry office on the ground of donation on July 26, 2012.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion and the designated parties are co-inheritors of the deceased G (hereinafter “the deceased”), who died in around 1997, and Defendant C, his wife’s father, found the Plaintiff and the deceased to have a loan claim of KRW 30 million against the deceased on or around March 2005, the Plaintiff and the designated parties demanded the transfer of ownership regarding KRW 1/2 of the amount of 1/2 of the amount of 100 square meters out of the amount of 100 square meters of the amount of the land located in the Jeonbuk-gun, Jeonbuk-gun, the land of this case prior to the division.

Accordingly, the Plaintiff agreed to transfer 1/2 of the above land with Defendant C, and the Plaintiff’s identification card and seal impression to Defendant C.

However, the defendant C arbitrarily divides the above land into a cryptic, and thus, it is about the land No. 1 of this case.

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