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(영문) 수원지방법원 여주지원 2018.07.03 2016가단55532
소유권이전등기
Text

1. The plaintiff (Counterclaim defendant)'s primary claim is dismissed.

2. Attached Table 1 appraisal of the area of 5,990 square meters before E in Leecheon-si.

Reasons

The principal lawsuit and counterclaim shall be judged together.

Facts of recognition

The F, who was the owner of the instant land, died on March 25, 1991, and G, the spouse, succeeded to the said land at the ratio of 3/9 of shares and 2/9 of shares, respectively.

Of the instant land, Defendant B’s share 2/9 was transferred to H through the auction procedure on August 11, 1993.

On June 7, 2004, the Plaintiff, the representative director, purchased 4,700 square meters of Jincheon-si land and buildings on its ground in the vicinity of the instant land, and operated a fertilizer factory at the place around that time.

On July 27, 2006, the Plaintiff acquired 2/9 of H’s shares out of the instant land from H and completed the registration of ownership transfer.

G died on February 22, 2010, and G’s share 3/9 of the instant land was inherited to the Defendants, their children.

(A) The defendants acquired 1/9 shares of each of the above lands. (Reasons for Recognition) The facts without dispute, Gap evidence Nos. 1 through 3, 5, Eul evidence Nos. 1 through 4 (including each number), and the purport of the whole pleadings.

The Plaintiff’s primary claim No. H and the Defendants are registered as co-owners on the instant land. However, H agreed that the specific part of the instant land is divided, and the Defendants agreed that the remainder is divided, and the Plaintiff purchased the specific part of the instant land from H.

Therefore, the Plaintiff and the Defendants should be deemed to have conducted a mutual title trust on each of the instant lands. Since the Plaintiff notified the termination of the title trust through the service of the instant complaint, the Defendants should implement the registration procedure for transfer of ownership based on the termination of the title trust to the Plaintiff, depending on their share ratio with respect to the specific portion of the instant land owned by the Plaintiff.

If the ownership relationship of the land of this case is not recognized in the preliminary claim, the ownership relationship is not recognized.

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