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(영문) 수원지방법원 2016.03.08 2014가단18076
소유권이전등기
Text

1. Attached Form C with Defendant (Counterclaim Plaintiff) and Defendant D, E, F, G, and H with respect to the Plaintiff (Counterclaim Defendant) among the area of 660 square meters prior to I in Sungsung-si;

1. Drawings;

Reasons

1. Basic facts

A. The J owned a 1,266 square meters prior to K in Sung-si. However, on May 14, 1984, the said land was divided into 606 square meters prior to K (the land category is changed to a site on September 4, 1984) and 660 square meters prior to I. The J donated the said 606 square meters to the Plaintiff, thereby completing the registration of transfer of ownership on December 24, 1984.

B. On 191, L church, a member of the Plaintiff, had been established in the Republic of Korea (hereinafter “K”) around 606 square meters in the Republic of Korea (hereinafter “K”) and J was the owner of the said church. On February 24, 2012, J and the Plaintiff, a member of the Plaintiff, donated the Plaintiff 435 square meters ( approximately 131.58 square meters) adjacent to K’s land (hereinafter “instant land”), among 660 square meters (hereinafter “instant land”), and the Plaintiff, as the same day, certified the said gift contract with M law Firm, etc. in accordance with Article 497 of Addenda 2012.

C. (1) On December 3, 2013, the Plaintiff filed an application with the Sungsung City Mayor for permission for development for the purpose of creating a housing site with respect to 389 square meters (386 square meters in the instant land, and 3 square meters in the road) among the instant land, and requested a consultation on farmland diversion on December 6, 2013. On November 201, 2013, the J prepared and issued a written consent to use of the said land portion (hereinafter “written consent to use of the instant land”), and the said written consent to use was accompanied by a certificate of personal seal impression issued by J on November 14, 2013.

(2) At the time of the preparation of the written consent to the use of the above land, J prepared and delivered three copies of the letter of delegation necessary for the procedure for the registration of ownership transfer without indicating the real estate subject to donation and the date of donation and two copies of the letter of delegation necessary for the procedure for the registration of ownership transfer, and issued a certified copy of the resident registration issued on November 14, 2013.

(3) On December 27, 2013, the friendliness market permitted the Plaintiff’s above permission for development activities. D.

The J died on December 19, 2013 and succeeded to the property of the Defendants, their wife B and their children, and the Defendants, their children, died on August 31, 2015.

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