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(영문) 대전지방법원 2011.08.10 2010가단33511
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is the children of the deceased C (hereinafter “the deceased”), and the Defendant is the husband of D, who is his father.

B. On May 17, 1976, the deceased completed the registration of transfer of ownership on the ground of donation to a school foundation creative learning institute (hereinafter “original learning institute”) with respect to a forest E- 17,544 square meters (5310.06 square meters) and F forest 2,479 square meters (7 square meters) (hereinafter “the previous real estate”). On May 12, 1983, the deceased completed the registration of transfer on each of the above real estate on May 12, 1983.

C. Of the above real estate, the area of 17,544 square meters for forest E- 17,544 square meters prior to G on August 12, 1997, and the area of F forest land 2,479 square meters was subject to registration conversion with H 2,294 square meters prior to H around that time.

Since then, the said G land was divided into 20 square meters in G, 200 square meters in G, 2,294 square meters in H, 1,308 square meters in I forest, 645 square meters in J forest, 1,542 square meters in J forest, 460 square meters in G, and 12,91 square meters in M, respectively.

The Deceased died on January 16, 1990.

[Reasons for Recognition] Facts without dispute, Gap 12, 14, 18 evidence (including each number), the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion 1) The previous real estate was owned by the Deceased, and was registered in title with the Defendant on May 12, 1983 when the registration of ownership transfer was completed by the Changsung Institute. 2) On January 21, 1990, the Defendant agreed to transfer the Plaintiff of KRW 1,310.06 of the previous real estate E forest land between the Plaintiff and the Plaintiff on January 21, 1990 and KRW 1,310.06 of the forest land E and KRW 749.87 of the F forest land (hereinafter “instant agreement”).

3) Since the previous real estate was divided or land category was changed as seen earlier in the basic facts, as seen earlier, the Defendant’s real estate indicated in the separate sheet (hereinafter “instant real estate”) pursuant to the instant agreement.

the Plaintiff is obligated to implement the registration procedure for transfer of ownership.

B. The Defendant’s primary claim against the instant safety defense.

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