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(영문) 청주지방법원충주지원 2016.11.30 2014가단2139
소유권이전등기 등
Text

1. Defendant D’s each of the above amounts is KRW 53,901,00, KRW 38,181,317 to Plaintiff A and each of the above amounts.

Reasons

1. Basic facts

A. Defendant D’s clan (hereinafter “Defendant D’s clan”) around 1931, held a title trust with respect to 1/7 shares of each real estate listed in the separate sheet to the clan R.

B. R died on March 27, 1980, and its children are S and Defendant E, F, G, H, I, and J.

However, S has already died on September 19, 1974, and there was Defendant K, Defendant L, M, and N as its wife.

On the other hand, T has died on August 14, 199, and the spouse has been Defendant P and Q as his spouse.

C. On March 5, 2012, Plaintiff A entered into a sales contract of KRW 128,00,000 for the real estate listed in attached Table 1. List No. 1 with Defendant clan (U at that time), and paid KRW 13,00,000 for the same day’s down payment, and KRW 40,000 for the intermediate payment on December 7, 2012, respectively.

Plaintiff

B and C entered into a sales contract of KRW 10,00,000 for the real estate listed in attached Table 1. List 2 with Defendant clan (U at that time) on April 30, 2012, and paid KRW 10,000 for the same day down payment as U’s intermediate payment, KRW 20,000 for the same day on July 6, 2012, and KRW 27,000,000 for the intermediate payment, and KRW 1,60,000 for the first day on January 19, 203, and KRW 1,60,000 for the first day on January 22, 2013, and KRW 10,000 for the first day on March 11, 2013; and KRW 10,000 for the first day on March 10, 200; and each of them paid KRW 60,070,07,000.

E. On August 16, 2012, with respect to the real estate listed in attached Table 1. List No. 1, the ownership transfer registration was made in the name of Plaintiff A with respect to 2/7 shares. On July 10, 2012, with respect to the real estate listed in Annex 1. List No. 2, the ownership transfer registration was made for each of 2/14 shares in the name of Plaintiff B and C.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings

2. Determination:

A. The clan property owned by the defendants is jointly owned by the members of the clan, so the management and disposition of the clan is first stipulated in the clan regulations, and the clan rules on this point shall be followed.

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