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(영문) 수원지방법원여주지원 2017.10.31 2016가단57002
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

On September 192, 1992, E and F, the parent of the defendant, sought to find the plaintiff who had been living in the earth and sand located in the Gyeonggi Yang-gun, and have been suffering from liver quality, and the plaintiff began to live together with the defendant by accepting it.

On December 9, 1994, the Plaintiff, G, H, and D concluded a sales contract of KRW 95 million for the G, K, L, M, and N land owned by D (hereinafter “I”) J, K, L, M, and N.

Since then, the Plaintiff, G, and H agreed to specify the location and area in consideration of the degree of contribution to each purchase price and to divide and register the purchase price.

In accordance with the above agreement, the above land was divided, and the plaintiff completed the registration of ownership transfer on R, N, K, and L land (which are listed in the attached list; hereinafter referred to as “the land in this case”) with respect to the PO, P, Q land of Gyeonggi-si (hereinafter referred to as “I”) on October 24, 1997.

The plaintiff constructed a temple building on the above land from December 1994, and used the above land as a site for inspection.

(Reasons for Recognition) Facts without dispute, entries in Gap evidence 1, 2, 4, 20 (including each number), and the purport of the whole pleadings.

The land of this case on the plaintiff's primary claim is purchased by the plaintiff with the owner of the defendant's parent's main claim, but title trust is made to the defendant.

As the Plaintiff expressed his intention to terminate the title trust with respect to the Defendant through the delivery of the instant complaint, the Defendant should return unjust enrichment to the Plaintiff and implement the procedure for the registration of ownership transfer with respect to the said land.

In addition, the plaintiff has frequently occupied the above land for at least 20 years after purchasing the above land in 194, and the defendant should implement the procedure for the registration of transfer of ownership of the above land on the ground of the completion of the prescriptive acquisition.

The Plaintiff’s conjunctive claim is the land of this case.

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