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(영문) 인천지방법원 2018.09.18 2018가단208375
소유권이전등기
Text

1. As to the 3/7 share of each real estate listed in the separate sheet No. 1, Defendant C and D shall be listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. E owned 8,967m2 (hereinafter “land before subdivision”) of F forest land in Incheon Cheongjin-gun, Incheon, prior to subdivision.

B. On February 24, 2003, in the land before subdivision, the land was divided into 827 square meters of G forest land in Incheon po-gun, Incheon, and the forest was converted on July 22, 2003, and the forest was 803 square meters of H forest land in Incheon po-gun, Incheon.

The forest land above H was divided on August 14, 2003 and became each land listed in the separate sheet No. 1 (hereinafter collectively referred to as “instant land”).

C. E (hereinafter “the deceased”) dies on March 9, 2008 and there is Defendant C and D, the spouse of which is the inheritor, as the inheritor, and the share of inheritance of Defendant B is 3/7, and the share of inheritance of Defendant C and D is 2/7, respectively.

[Ground for Recognition: Facts without dispute, entries in Gap evidence Nos. 4 through 6, purport of the whole pleadings]

2. Determination

A. In full view of the following facts and circumstances, it is reasonable to deem that a sales contract for the land of this case was concluded between the Plaintiff and the Deceased on September 1, 2002 (hereinafter “instant sales contract”) in view of the following facts and circumstances acknowledged or known by adding up the items in subparagraphs 1 through 3, 7, 8, 1, 6, and 6 as well as the overall purport of the arguments. Thus, barring any special circumstance, the Defendants are obliged to implement the registration procedure for transfer of ownership for each inherited share among the instant land on September 1, 202 with respect to the Plaintiff on the grounds of sale on September 1, 2002.

① On September 1, 2002, the Plaintiff and the Deceased concluded a sale contract for KRW 50,000 for the purchase price of KRW 250,000 among the lands before subdivision. However, the said land before subdivision was within the area subject to permission for land transaction contract under Article 117 of the former National Land Planning and Utilization Act (amended by Act No. 13797, Jan. 19, 2016; hereinafter the same) and agreed to make a registration for transfer after obtaining land transaction permission.

② On December 17, 2002, the Plaintiff and the Deceased conducted a survey on the 250 square meters which is the object of the transaction in the land before the split-off. As a result, the Plaintiff and the Deceased conducted a survey on the 250 square meters.

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