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(영문) 서울중앙지방법원 2017.12.20 2016나80337
사용료
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the purport of the entire pleadings in each of the statements in Items A through 3, A-1, and 5-2.

Before subdivision, the land of 1,685 square meters in the Gu-U.S., Si (hereinafter “land before subdivision”) was divided into three occasions on March 6, 2009 into three 1,549 square meters in C (hereinafter “instant land 1”) and D 136 square meters in D (hereinafter “instant land 2”).

B. On February 10, 1980, the Plaintiff purchased KRW 3,000,00 from E, a third village of land before subdivision, and paid the purchase price in full. However, on November 17, 1994, his father, who did not register the ownership transfer, filed a lawsuit against the Deceased and Defendant F on May 27, 2010, asserting that he completed the registration of ownership transfer on the ground of a gift made by the Plaintiff on May 27, 2010, the Plaintiff filed a lawsuit against the Plaintiff and the Defendant F on June 26, 2013, the Plaintiff completed the registration of ownership transfer pursuant to the procedure of registration of ownership transfer on the land of this case, which was executed by Defendant FF on November 17, 1994.

C. The Deceased delivered the Plaintiff, the deceased, G, H, I, and Defendant F with the deceased L, and the deceased died before the deceased’s birth (the deceased on July 5, 197), and there is J and K as the heir of the deceased M.

The deceased, who was the defendant of this case, died on June 18, 2017 while the lawsuit of this case was pending, and the defendant F, Selection G, H, I, J, and K taken over the deceased, who was his heir except the plaintiff.

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion is of this case without any title.

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