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(영문) 대구지방법원김천지원 2019.06.12 2017가단32615
지분소유권이전등기 청구의 소
Text

1. The plaintiffs' claims against the defendants are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On September 13, 1997, Defendant C, D and S, T, U,V, W, X,Y, and Z shall purchase from the Public Officials Pension Management Corporation on September 13, 1997, and completed the registration of ownership transfer on January 31, 1998 with respect to each of their respective shares (Defendant C 138/740 shares, Defendant D72/740 shares, Defendant D72/740 shares, S97/740 shares, T68/740 shares, U 68/740 shares, V56/740 shares, W440 shares, X9/740 shares, Y41/740 shares, Y65/740 shares, and Z6/740 shares).

B. Since then, with respect to X’s share out of the instant land due to purchase or donation (9/740 shares), the registration of share transfer was completed in the name of Defendant P (9/740 shares), Defendant E (68/740 shares), Defendant Q (41/740 shares), and Defendant P (4/740 shares) with respect to the share in the instant land under the name of Defendant Q (4/740 shares), and with respect to the share in W (4/740 shares) under the name of Defendant P (14/740 shares), Defendant L (14/740 shares), Defendant M (14/740 shares), Defendant M (14/740 shares), and Defendant N (14/740 shares) with respect to the share in the instant land due to inheritance.

C. On December 19, 2006, Plaintiff B purchased S’s shares (97/740 shares) from among the instant land and completed the transfer registration under Plaintiff B’s name on January 1, 2007. Plaintiff A purchased Z’s shares (65/740 shares) from the instant land on December 28, 2016 and completed the transfer registration under Plaintiff A’s name on January 5, 2017.

Meanwhile, due to the death of U with 60/740 shares in the instant land, Defendant G succeeded to U shares in 90/330, Defendant H, I, and J respectively 60/330 shares.

E. As such, the Plaintiff and the Defendants shared the instant land, and on February 15, 2017, an agreement was reached between the Plaintiffs and some Defendants to confirm and consent to the divided and liquidated drawings, such as C, D, E, K, O, P, and Q, as indicated in the attached Form “shared Land Partition Map.”

[Reasons for Recognition] Facts without dispute, each entry of Gap 1 through 11 (if there are serial numbers, including each serial number) and the purport of the whole pleadings.

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