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(영문) 인천지방법원 2016.11.04 2015가합56303
소유권이전등기
Text

1. The part of the plaintiff's first preliminary claim is dismissed.

2. The plaintiff's primary claim, the remainder of the 1.

Reasons

1. Basic facts

A. From March 29, 2002, D owned 6,400 square meters of forest E in Jung-gu, Incheon (hereinafter “instant land before the instant partition”).

B. The Defendants completed the registration of ownership transfer with respect to the land prior to the instant partition on January 7, 2014, which was based on sale as of January 7, 2014, as of February 12, 2012, the Incheon District Court Dongcheon Registry as of February 5395, respectively, that the Defendants were co-owners of one-half shares.

C. The Defendants, while completing the registration of ownership transfer as to the land prior to the division of this case, provided the land prior to the division of this case to the Bank, Inc., as a collateral, and the registration of the creation of a superficies for the banks with superficies from February 12, 2014 and from February 12, 2014.

On May 4, 2015, the land before the instant subdivision was transferred to F land located in the F due to the division (the land indicated in paragraph (2) of the attached Table), and the 1,653 square meters of land located in G due to the division (the land listed in paragraph (3) of the attached Table), respectively, and was left to the land located in Jung-gu Incheon Metropolitan City E forest and 3,301 square meters.

(hereinafter referred to as “each of the instant real estates” in the separate sheet, and the Defendants’ co-ownership registration of each of the instant real estates has been completed shall be referred to as “each of the instant real estates.” 【No dispute exists, and entries in Gap evidence 1-1, 2, and 3 are as follows.

2. As to the plaintiff's primary claim

A. The Plaintiff’s assertion 1) along with Defendant C, B (H’s denial) and I, purchased the instant land before subdivision and increased the value with the permission for construction, etc., and then divided profits from resale according to the investment ratio of the down payment. According to such agreement, the Plaintiff, out of the down payment of KRW 200 million (40%) and KRW 100 million (50%) were to be borne by Defendant C, along with Defendant C I, with KRW 20 million (10%).

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