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1. As to the Plaintiff’s share of 13.22/188 square meters in Suwon-si, Suwon-si, the Defendant shall have the same registry office of this Court.
Reasons
1. Facts of recognition;
A. The Plaintiff’s father D, his father, completed the registration of ownership transfer on January 24, 1980 with respect to C Dae-gu, Suwon-si, Seoul, and 173 square meters, which included the land size of 188 square meters.
B. D around 1984, there was a dispute between F and F, the owner of the E site attached to the above C site, and D completed the registration of transfer of shares in F in relation to the shares of the same court as the Dongwon registry office of this Court No. 36865 on July 19, 1984 and 13.22/188 on July 19, 1984.
C. At around 1998, D and F agreed on a boundary surveying, determine that F’s housing is 15 square meters in size, which is the area in which F’s housing was invadedd with D’s above C’s housing, and completed the registration of division into G on February 24, 1998.
F on November 7, 2004, the housing and land in the above E and G ground were sold to H husband and wife. At this time, D had the share transfer registration completed to H husband and wife without any consideration of its share in the above G.
E. The Defendant, in F’s own sense, completed the share transfer registration under F’s receipt No. 131544 on December 6, 2013 with respect to the share of 13.22/188 square meters among the said C Group 173 square meters, on the ground of inheritance due to the consultation and division following F’s death.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 7, witness H
2. The Plaintiff asserts that, around November 7, 2004, the Plaintiff: (a) as at the time when the F sells his own house, E, and G site to H couple, there was an agreement with D to recognize the said G as owned by F; (b) as at the time of selling the said land to H couple, there was an agreement for F to implement an exchange with F to cancel the shares of 13.22/188 square meters in the name of F among the said C large 173 square meters.
In light of the above facts, D and F confirmed the state of land by conducting a boundary survey under mutual agreement around 1998, D and F completed the registration of transfer of the whole shares of the above G with no compensation at the time when F sold the above E and G site to H husband and wife around 2004, and F had F completed the registration of transfer of the whole shares of the above G with no compensation until the instant lawsuit was filed after the death of around 2004, as to F’s share of F in the name of 13.2/188 of the above C and 173 square meters.