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(영문) 서울동부지방법원 2018.07.20 2017나25149
소유권이전등기
Text

1. The judgment of the first instance court, including the claims expanded and reduced in the court, shall be modified as follows:

Defendant.

Reasons

1. Facts of recognition;

A. According to the Defendants’ death in around 1984, the inheritance of 11,306 square meters of land G with the wife population G 11,306 square meters (hereinafter “G forest before division”) was commenced. According to the division of inherited property among the heirs, including the Defendants, four successors, including the Defendants, were registered as co-ownership shares in the above forest in around 1990.

나. 원고의 부친은 망인의 맏손자였는데 위 상속재산 분할협의 당시 누락되었음을 이유로 원고를 포함한 원고의 가족들이 상속에 기한 부동산 소유권이전등기 청구권을 보전하기 위하여 2005. 2.경 분할 전 G 임야에 관하여 처분금지가처분결정을 받아 그 기입등기를 마쳤다.

Accordingly, the division of inherited property has been discussed between the plaintiff and the defendant.

As a result, in 2008, the Plaintiff’s heir (Plaintiff, J, K, and L) determined that the Plaintiff’s heir (Defendant B, M, and N)’s share of 23%, that Defendant B’s heir (Defendant B, M, and N) share of 37%, and that Defendant C would have 40% share of G forest before division. In line with the agreed share, the joint ownership registration of G forest was completed.

C. On March 3, 2015, the Plaintiff and the Defendants agreed to jointly purchase the access land of 353 square meters in the wife population D (hereinafter “D land before division”) from 120 million won at the time of permitting the use of G forest as the site in order to establish the access road in which G forest is a blind land before subdivision, and the Plaintiff and the Defendants agreed to jointly purchase the access land of 353 square meters (hereinafter “D land before subdivision”). The agreement entered “part of D land and 6.5 meters in width x length (hereinafter approximately 50 square meters)” as the site for the access land in the agreement.

(hereinafter referred to as “the access road of this case.” Also, in accordance with the equity ratio of G forest land G before the division agreed as above, they share the purchase price and incidental expenses (three million won for the introduction of real estate, acquisition tax, certified judicial scrivener agent fee, loan and interest) necessary for the purchase of the access road of this case in proportion to the ratio of Plaintiff 23%, Defendant B37%, and Defendant C40%, but the down payment and the intermediate payment are first to the seller.

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