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(영문) 청주지방법원 2014.02.19 2013가단2177
지분소유권이전등기
Text

1. The Defendants are 3.3 of each of the pertinent shares listed in the separate sheet of J 2,694 square meters in Cheongju-si, Priju-si.

Reasons

1. Basic facts

A. The deceased K (Death on June 12, 2010) had a net L (Death on November 2, 2006) and net M (Death on September 31, 199) under the chain. The Plaintiffs are the deceased L’s successors, and the Defendants are the deceased M’s successors.

B. A total of 3,061 square meters (a total of 926 square meters and 1,815 square meters and 1,246 square meters (37 square meters and 277 square meters) in Cheongju-si, a considerable area of Cheongju-si, and a total of 3,061 square meters (hereinafter “the land before division”). Around 1995, J-si 2,694 square meters (hereinafter “instant land”), N-si 15 square meters, P road 69 square meters and Q283 square meters (hereinafter “the instant three lots”) were divided into the instant remaining land.

C. As to the remaining land of this case, on May 20, 1995, the registration of ownership transfer was completed under the name of Cheongju on May 24, 1995 on the ground of the acquisition of public land by consultation. The Dong K received compensation from Cheongju-si around that time (hereinafter “instant compensation”).

The Defendants filed a petition against the Plaintiffs for a trial on the division of inherited property (Cheongju District Court 2009Du14) regarding the instant land (Cheongju District Court 2009Ma14), and divide the instant land into the sharing of shares of Defendant E 3/11, Defendant F, G, H, and I, 2/11, respectively, by the said court on July 27, 201. “The instant land was adjudicated.” The Plaintiffs’ appeal against it and a petition for a trial against the Plaintiff (Cheongju District Court 201B, 3) were all dismissed on August 1, 2012, and the said judgment became final and conclusive as is.

[Ground of recognition] The facts without any dispute, Gap evidence 5, Gap evidence 12-1, 2, Gap evidence 13, Eul evidence 1 and 2, and the purport of the whole pleadings

2. Judgment on the main claim

가. 당사자들의 주장 ⑴ 원고들의 주장 ㈎ 원고들의 피상속인인 망 L는 망 K에게 1979년경 1,100만 원을 대여하였고, 소외 R은 망 K에게 1,100만 원을 대여하였는데, 1981년경 망 K과 망 L, 소외 R 사이에 위 각 대여금의 대물변제로 분할 전 토지 926평 중 망 L는 275평에 해당하는 지분을, 소외...

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