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(영문) 춘천지방법원강릉지원 2019.01.22 2018가단32247
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff purchased 1,095 square meters prior to Gangnam-si, Gangnam-si, and acquired ownership on August 29, 1986.

On September 30, 1988, the Plaintiff transferred 99/100 of the above land to F, and F transferred the above shares to G on May 7, 2002.

B. On November 20, 2007, E was divided into 864 square meters from the land above, and on June 11, 2008, the land above E was subdivided into 7 square meters prior to H.

After November 27, 2009, as a partition of co-owned property on November 27, 2009, the above C prior to C was owned by G, and the E prior to E was owned by 857 square meters (hereinafter “instant land”).

C. On June 15, 2016, the instant land was divided into two hundred and twenty-seven square meters (hereinafter “instant land”) on the land before the instant partition, and on July 25, 2017, the registration of ownership transfer was completed in each Defendant’s future on the ground that the instant land was donated on July 19, 2017 as to the grounds of sale and purchase on July 19, 2017.

On August 24, 2017, the instant land and the instant land were combined into three hundred and sixty-five square meters prior to C, and was divided into three hundred and thirty-five square meters prior to D on November 1, 2017.

[Reasons for Recognition: Evidence Nos. 1, 2, and 6 (Partial number omitted; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. The Plaintiff’s assertion that the Plaintiff sold 300,000 square meters out of the land before the instant partition to the Defendant, without any cause, divided the instant land of 68 square meters and transferred its ownership. As such, the Defendant asserted that the Plaintiff was liable to implement the procedure for the registration of ownership transfer on the part of 126 square meters in line with the indication of the annexed drawing Nos. 1, 2, 3, 4, 5, 6, 6, 7, 8, 9, 1 of the land indicated in C and D’s 38 square meters among the land indicated in D and D’s 1,2, 3, 4, 5, 6, 7, 8, 9, and

3. Determination

A. Each description of the particulars of the division of the instant land and the registration of ownership transfer, as well as the testimony of the JJ of the witness.

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