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(영문) 수원지방법원성남지원 2016.12.14 2015가합201943
소유권확인
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall attach attached Form 3,009 square meters to the plaintiff among the 3,000 square meters prior to Sungnam-gu, Sungnam-si

Reasons

1. Facts of recognition;

A. D, as the Defendant’s attached, owned 3,000m2 (hereinafter “instant land”) prior to Sungnam-si, Sungnam-si, and died on February 4, 2001.

B. The Defendant: (a) around March 2010 and around April 2010, among the instant land, the part on the ship connected each point of 15, 17, 18, 25, 19, 20, 20, 22, 22, 3, 21, 24, 23, 16, and 15 of the Appendix 1, among the instant land (i.e., the total of 3,00 square meters - the part of 395 square meters indicated in the Appendix 2, 250 square meters in the same indication - the part of 114 square meters in the same indication - the same indication 40 square meters in the same indication - the part of 20 square meters in the same indication - the part of 156 square meters in the same indication - the part of 12 square meters in the ground - the part of 156 square meters in the same indication.

C. Around February 2011, D’s heir, the Defendant, F, G, H, and I, the spouse of E, the Defendant, the F, the H, and I, made an agreement on the division of inherited property with the content that the instant land, among inherited property, is owned by G, and the remainder of 1,026 square meters, is owned by H. On August 5, 201, G with respect to the portion of 1983/309 out of the instant land, and completed the registration of the transfer of ownership for the portion of 1026/309 out of the instant land due to inheritance by division in the H future.

H, upon consultation with the Defendant on the division of inherited property as above, concluded a loan agreement with the Defendant to allow the Defendant to gratuitously use and benefit from the instant land for the purpose of cultivating the instant trees, and G also ordered the Defendant to use the instant land for the purpose of cultivating the instant trees.

E. On August 9, 2011, G donated 1983/309 of the instant land to J, one’s spouse, and on the same day, G completed the registration of ownership transfer in the middle of 1983/309 of the instant land.

F. J and H borrow money from Sung-nam Agricultural Cooperative on August 18, 201 as collateral obligation when borrowing money from Sung-nam Agricultural Cooperative.

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