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(영문) 부산지방법원 2019.01.25 2018나41419
소유권이전등기
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. Basic facts

A. The network E married with the network F, followed the Plaintiff G (the wife of the network A), the South-North Defendant, the South-North net H (Death around September 2005), and the female I.

B. The deceased F owned a lot of land in JJ-gun, Busan, but donated to the Defendant, who is the south of the Republic of Korea, all of the real property other than the Busan Gun L and M, which was donated to K-gun, Busan, and the Do He, the office located in the G-gun, Busan.

C. On January 17, 200, the registration of transfer of ownership in the name of the defendant was completed with respect to the portion of 1653/18165 of the instant land owned by C on the ground of "trade as of January 12, 2000," and with respect to the remaining portion of 16512/18165 shares, the registration of transfer of ownership in the name of the defendant was completed.

The latter is on July 9, 2008, the name of the network E out of the land in this case.

With respect to the share 1653/18165 in the entry in the port, the registration of ownership transfer in the name of Plaintiff G was completed.

E. The deceased died on April 7, 2018, and the deceased’s heir of the deceased, Plaintiff G and I, Plaintiff N andO.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 8, the purport of the whole pleadings

2. Determination as to the legitimacy of the main claim part of the lawsuit of this case

A. The plaintiffs' assertion that the defendant succeeded from the deceased F, and the land of the JJ-gun of Busan, Jin-gun was accepted in a considerable portion.

Accordingly, the Defendant, who purchased the above land with compensation for expropriation and was exempted from taxes for market price marginal profits, decided to jointly purchase the land of this case on about 5,500 square meters upon request from the network A by the deceased and the Defendant. The network A invested KRW 100 million (price for KRW 2500,00) and the Defendant invested KRW 120,000 (price for KRW 300,000), respectively. The registered name is the name of the network E with KRW 1653/18165, which corresponds to the 500 square meters, and the remainder was transferred to the Plaintiff’s name, the spouse of the network A on July 9, 2008.

In other words, the network A will jointly purchase the land of this case with the defendant.

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