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(영문) 인천지방법원 2018.06.21 2017가단200053
소유권이전등기
Text

1. Defendant B, C, D, E, F, G, I, J, K, L, M, M,O, P, Q, and R are attached to the Plaintiff’s Jung-gu Incheon Forest land of 3306 square meters.

Reasons

1. Basic facts

A. Nonparty 1 T and Defendant F jointly owned 84,298 square meters of forest land in Jung-gu, Incheon (hereinafter “instant land before the instant partition”) prior to the division as one-half shares.

B. On September 12, 198, the Plaintiff purchased part of the land before the instant partition specifying the size and location, and the land so purchased is divided from the land before the instant partition.

C. At the time of the purchase of the instant land by the Plaintiff, Defendant I, M, N, G, and Non-Party VI, other than the Plaintiff, have purchased part of the instant land before the instant partition, specifying the size and location. The above buyers, including the Plaintiff, and Non-Party I, the Defendant F, who subsequently promised to register the instant land as the sole owner if the land before the instant partition is divided, and entered into a “Agreement on the Confirmation of Land Location” confirming the location and area of each of the land before the instant partition on April 18, 1995, and completed the registration of transfer of ownership corresponding to the purchased area (hereinafter “Agreement”).

In the case of sectional owners who participated at the time of the instant agreement, the indication and size of “the location map” as stipulated in the instant agreement, the number and size of the partitioned land, whether the title trust is terminated, and whether Defendant H’s transfer registration of ownership in each divided land exists, etc. are as indicated in the annexed Table 1.

On the other hand, Defendant H argues that he only acquired co-ownership shares for the land indicated as co-ownership owner, and that he did not acquire a specific location and area among the above land.

E. The instant land was registered by subdivision on December 7, 2002, and the developments leading up to the change of the respective shares of Nonparty T and Defendant F as indicated in the separate sheet of shares in attached Form 2 are as indicated in attached Table 2.

[Grounds for recognition] Defendant D, H, J, and K: The respective descriptions of evidence Nos. 1 to 19, and the entire purport of the pleading is the remaining Defendants.

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