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(영문) 의정부지방법원 2018.12.06 2018나204603
소유권이전등기
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1. The judgment of the first instance is revoked, and all of the plaintiff's claims against the defendants are dismissed.

2. The total cost of the lawsuit.

Reasons

1. Basic facts

A. On May 6, 1967, I completed the registration of ownership transfer with respect to H 324 square meters (hereinafter “land before division”).

B. On May 26, 1980, the Plaintiff purchased KRW 88,400,00 from I for 4,400,000 among the land before subdivision and subsequently purchased from I for the same year.

7. 7. Payment of the full purchase price, and on July 10, 1980, 291/324 shares in the land before subdivision.

8. The registration of partial transfer of ownership in the name of the plaintiff was completed on the ground of sale and purchase.

C. Of the land before subdivision, 22m2 is divided into 22m2 square meters on August 22, 1980 and 100m2 is divided into K on February 25, 1992 (as the land is located in the same Dong, the lot number alone is specified), and the land before subdivision is divided into H large 202m2m2 (hereinafter “instant land”).

In addition, on March 17, 2009, the land category was changed to a road on March 17, 2009, and among which 26 square meters was divided into M-road 26 square meters.

As I died on November 29, 1982, the property was inherited by Defendant B and his children, the spouse of Defendant D, Defendant E, Defendant F, and Defendant G.

(Defendant B’s inheritance shares are 3/13, and the remaining people’s inheritance shares are 2/13). Lon April 28, 2015, Defendant C, his father, succeeded to his property.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 4, and the purport of the whole pleadings

2. Determination

A. The plaintiff alleged by the parties 1 was trying to purchase the entire land before subdivision from I around 1980, but it was anticipated that part of the land before subdivision will be incorporated into a road in accordance with the urban planning decision. The same year.

5. 26. 26. Purchasing only 88 square meters, excluding the parts to be incorporated into roads, from among the lands before subdivision.

However, the registration is not a transfer registration for a specific part purchased, but a transfer registration for a share of 291/324 of the land of this case was completed by the plaintiff, and I had a share of 33/324 of the land of this case.

The Defendants inherited the property of I.S.

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