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(영문) 수원지방법원여주지원 2017.08.17 2017가단52301
소유권이전등기
Text

1. The plaintiff (appointed party)'s claim is all dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Determination as to the cause of claim

A. On May 9, 1984, the Defendant, who was the head of the deceased, was the Plaintiff (Appointed Party), the designated parties, the designated parties, and the deceased’s six persons under the joint names of the Plaintiff (appointed Party), the designated parties, and the network E, by deceiving the Plaintiff (Appointed Party), the designated parties, and the Plaintiff, the network E, and registered the said land prior to the said division with the Defendant’s share of 4/7, the designated parties C 2/7, and the designated parties D 1/7 shares, on March 8, 1984.

On January 29, 1987, the Plaintiff (Appointed Party), the Appointed Party C, D, the Defendant, and the network E agreed to register the 13,224 square meters of the above land, which is the part of the Defendant’s share after the Plaintiff’s death of the network E, by re-consultationing the inheritance of the network G, and agreed to register the 13,224 square meters of the above land as the co-ownership of the five siblings.

In addition, around July 1988, the Plaintiff (Appointed Party) who did not implement the above arrangement received a written confirmation of inheritance re-consultation (Evidence A 1) from the deceased E on the same content.

However, on January 5, 2015, the Defendant transferred the registration under a single name to 12,600 square meters, excluding 624 square meters among 13,224 square meters, which correspond to 2/7 square meters of the network E, when the Defendant did not perform the registration transfer under the foregoing agreement with the designated person D on January 5, 2015.

On March 15, 1991, the deceased on March 15, 1991, and thereafter, the Plaintiff (Appointed Party), the Appointed Party C, and D (hereinafter referred to as “Plaintiff(Appointed Party”) possess and manage the part of the attached list, which focuses on net G, E’s 12,600 square meters or 10,010 square meters, among the land indicated in the attached list, while knowing that the Plaintiff (Appointed Party) and the Defendant were jointly owned for about 25 to 30 years.

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