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(영문) 대전지방법원서산지원 2016.09.27 2015가단5851
소유권이전등기
Text

1. The plaintiff's conjunctive claim shall be dismissed.

2. The defendant shall receive KRW 4,079,360 from the plaintiff at the same time.

Reasons

1. Basic facts

A. E was the owner of 1,567 square meters prior to the division (the previous G was divided from the above land on July 19, 2005), and H was the owner of 2,945 square meters prior to the Chungcheong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and D large-720 square meters (hereinafter the above two lots of land “instant leased land”) from Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, and owned a building of 25 square meters (hereinafter the “instant building”).

E and H sold the right to lease of the F land, the instant building, and the leased land of this case to I in around 2002, and I sold this to the Plaintiff and the Defendant.

B. On February 27, 2003, the Plaintiff and the Defendant completed the registration of ownership transfer for each one-half portion of the above F land, and completed each move-in report after receiving the instant building from E.

Meanwhile, while the Plaintiff and the Defendant intended to change the lessee’s name on the leased land of this case, the Cheongnam-do, a lessor, demanded that the lessee be one, concluded a lease contract on the leased land of this case under the sole name of the Defendant.

C. After dividing on July 7, 2005, the Plaintiff and the Defendant: (a) registered the transfer of ownership with respect to the land of 907 square meters and 660 square meters in the name of each person with respect to the land of this case (hereinafter “instant land”); (b) but (c) in the event of development activities, the Plaintiff and the Defendant jointly divided shares in the event that the said land is sold and sold after a vehicle under mutual agreement; and (d) drafted a written agreement stating that the right to the instant leased land should be owned jointly (hereinafter “instant agreement”).

In addition to the instant land, leased land, and buildings, the Plaintiff and the Defendant jointly made several investments in real estate since 2003, and the investment in the remaining real estate was completed in addition to the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1, the purport of the whole pleadings

2. The Parties.

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