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(영문) 창원지방법원 거창지원 2018.02.06 2016가단11153
소유권이전등기
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

Facts of recognition

E had son G with her wife F, G had son and her wife H with her wife H, and I had her son and her son and her 3 South son and son.

E completed on June 18, 1927 registration of initial ownership in relation to 462, Gohap-gun, Chungcheongnam-gun, Chungcheongnam-do.

Before K, 462 square meters was divided into 58 square meters (192 square meters) and 404 square meters (1,336 square meters, hereinafter “instant land”) prior to L, and on September 2, 1978, M’s ownership transfer registration and ownership transfer registration were completed in the name of Gohap-gun with respect to 58 square meters prior to L.

Defendant B completed the registration of ownership transfer under the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4502, invalidation, hereinafter “Special Measures Act”) on July 16, 1993 due to sale and purchase as of January 1, 1970.

(hereinafter “instant transfer registration”). The letter of guarantee in the name of N,O, and M submitted at the time of the instant transfer registration stated that “Defendant B shall jointly and severally guarantee that the said land was purchased from E on January 1, 1970 and actually owned as of February 15, 1993.”

(2) On February 6, 2002, Defendant Gohap-gun was divided into the instant guarantee certificate (hereinafter “instant guarantee certificate”). On February 6, 2002, the instant land was divided into the size of 610 square meters (hereinafter “instant land”) and the size of 726 square meters (hereinafter “instant land”). Defendant Gohap-gun completed the registration of ownership transfer on January 10, 202 with respect to the instant land No. 2 on the same day by agreement.

On January 19, 2002, Defendant B received 15,246,000 won for the expropriation of the instant land from Defendant Gohap-gun, and then transferred 5,061,000 won for the payment of KRW 10 million for the expropriation of the instant land and KRW 10 million for Q by fraud on January 25, 2002.

Defendant Sejong-do completed the registration of ownership transfer on November 17, 2006 with respect to the land of this case on November 17, 2006, based on consultation on the acquisition of public land as of November 15, 2016, and Defendant B paid KRW 12.2 million on December 2, 2016.

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