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(영문) 전주지방법원 2018.11.16 2018가단3771
소유권이전등기 등
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 1, 1985, D entered into a sales contract with the Defendants’ decedent E, selling the 326 square meters (1,077 square meters, hereinafter “F land before division”) in the 1,790,000 square meters in the Jeonbuk-gun, Jeonbuk-gun.

B. Meanwhile, on the same day, E concluded a sales contract to sell 150 square meters (496 square meters) out of the F land before subdivision to G by the Plaintiff’s agent for KRW 12,00,000 (hereinafter “instant sales contract”), and decided that the transfer of ownership was directly made to the Plaintiff in D.

C. On November 6, 1985, F land before subdivision was divided into three parcels: ① 450 square meters (136 square meters; hereinafter “F land after subdivision”); ② 529 square meters (160 square meters; hereinafter “H land”); ③ 198 square meters (30 square meters; hereinafter “the instant land”) in the Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun.

E shall complete the registration of ownership transfer as the receipt No. 22569 of Nov. 15, 1985 with respect to F land and this case's land due to sale and purchase on Nov. 9, 1985.

E. On November 9, 1985, the Plaintiff completed the registration of ownership transfer as to H land by the Jeonju District Court’s Net Chang Branch Registry on November 15, 1985, which was received on November 15, 1985, and newly constructed a church building of the second floor size on that ground, and completed the registration of ownership preservation on July 3, 1986, and the J guard used the above church building.

(f) The location of F land, H land, and I land after the division shall be as listed in the annexed cadastral map;

G. On April 1, 2008, E completed the registration of transfer of ownership with respect to the instant real estate by reason of donation to Defendant C, the Jeonju District Court’s Net Registry No. 2466, Apr. 2, 2008. Defendant C completed the registration of transfer of ownership with respect to the said real estate as the receipt No. 4637, Jun. 20, 201 by reason of donation on June 20, 201.

[Ground of recognition] Facts without dispute, Gap 1, Eul 2-1, Eul 2-3, Eul 4, 6-1, Eul 7-2, and the purport of the whole pleadings

2. The defendants' defense prior to the merits.

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