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(영문) 수원지방법원여주지원 2017.08.09 2016가단56535
소유권이전등기
Text

1. As to the Plaintiff, with respect to the portion of 855 square meters in Inn City, E, and 30/4426 shares in Defendant B, Defendant C shall have the share of 966/426.

Reasons

1. Basic facts

A. On July 6, 1992, the Plaintiff, Defendant B, C, Nonparty F, G, and H purchased and delivered a specific portion of 4,426 square meters for each of the following: (a) the Plaintiff, Defendant B, and C, Nonparty F, G, and H purchased and delivered the remaining parts of 748/426, 30/426, 1091/426, 1091/426, 899/426, 716/426, 926, and 942/426.

On March 18, 1994, Defendant C completed the registration of ownership transfer on the ground of each gift with respect to the Plaintiff’s 33/4426 shares, F’s 33/4426 shares, G’s 30/4426 shares, and H’s 29/426 shares, among the land before the instant partition.

B. On March 18, 1994, the land prior to the instant partition was divided into one square meter of 4,273 square meters and one hundred and fifty-three square meters in J. 153 square meters, and thereafter divided into several lots. Among which, the Plaintiff, the Plaintiff, for the land of 855 square meters in K, for Defendant B, and for the land of 867 square meters in L. 863 square meters in large scale, Defendant C, for the land of 863 square meters in large scale, F., for M. 716 square meters in G, and for the land of 942 square meters in N.

C. Defendant C: (a) on L land on July 20, 1995, due to the cancellation of mutual title trust on September 1, 1994; (b) on land F on August 27, 1998, due to the termination of mutual title trust on November 12, 1997; (c) on land G on December 27, 2002, due to the termination of mutual title trust; (d) on land M on November 11, 1997, due to the termination of mutual title trust; and (e) H completed the registration of transfer of ownership on N land on November 3, 2004 on October 25, 2004.

Of the instant land, F’s co-ownership 932/4426 was transferred to P on December 24, 2003 due to the sale by voluntary auction, which was transferred on March 19, 2004 to P on the grounds of sale and purchase, and was transferred to Q on June 1, 2009.

Of the instant land, G’s share 746/4426 was transferred to R on October 11, 2005.

Of the instant land, H’s co-ownership 971/4426 was transferred to Defendant D on November 18, 201 due to an inheritance by agreement or division.

E. Q and R are the branch court of Suwon District Court.

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