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(영문) 수원지방법원 2015.05.27 2014가단35965
소유권이전등기
Text

1. The Defendants are with respect to the Plaintiff’s share 12,640/81,200 of the Defendant’s clans Association, C, D, and E, respectively, among the H 900 square meters in Echeon-si H.

Reasons

1. Basic facts

A. On September 12, 1994, the Plaintiff: (a) specified the location of 900 square meters from Nonparty I, J, K, L, and M to purchase 4,060 square meters of land Nancheon-si Nancheon-si (hereinafter “Before subdivision”).

B. However, on September 13, 1994, the registration of ownership transfer was completed with respect to the portion of 900/4,060 for the entire land before subdivision.

C. Following the subdivision on January 21, 1995, the land before the subdivision was divided into 330 square meters of N Forest, 670 square meters of O forest, 3,060 square meters of P forest, and 3,060 square meters of forest. On June 2, 1995, the aforementioned P forest was divided into 1,976 square meters of P forest, 976 square meters of Q forest, 90 square meters of Q forest, and 184 square meters of R forest. The said Q forest was the specific part purchased by the Plaintiff as seen earlier, and the said land was subject to registration conversion into H large 90 square meters of land on the date of the said subdivision (hereinafter “instant land”).

After the purchase of the instant land, the Plaintiff was constructing a new building on the Gansan Gagllll, Saglar, on its ground, and completed registration of preservation of ownership on May 26, 1995, and thereafter, occupied and used the instant land independently from around that time until that time.

E. At the time of the construction of the above building, five persons, including I, etc. agreed to use the instant land among the land before partition as a neighborhood living facility site with the permission to change the form and quality of the land before partition on 1994, and around 1995, a co-owned property partition contract was prepared with the purport that the instant land among the land before partition belongs to the Plaintiff, and the remaining land belongs to I, J, K, M and S, and signed and sealed by the Plaintiff, I, J, and K.

F. After the division as above, the land of this case is registered as the Plaintiff owned 900/4,060 shares, and five shares of the Plaintiff, including I, etc. except for the Plaintiff’s shares are transferred to Defendant B, the shares of J (632/4,060) on August 14, 2012 to Defendant B, on the ground of the termination of title trust as of August 2, 1996, and the shares of I, K, L, M (60 respectively) on August 24, 1995 are transferred to Defendant B, and each of the shares of M (632/4,060) on June 11, 1993.

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