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(영문) 수원지방법원 2017.05.18 2016가합73319
소유권이전등기
Text

1. The plaintiff's lawsuit against the defendant B and C shall be dismissed, respectively.

2. The plaintiff's claim against defendant D and E is dismissed, respectively.

3.

Reasons

1. Basic facts

A. On January 28, 2002, the Plaintiff entered into a trade agreement with Defendant D to purchase the remainder of 1/2 shares from Defendant E, respectively, among the F 2,803 square meters of the wife population F 2,803 square meters (hereinafter “instant land before the instant subdivision”).

B. After that, Defendant B, C, and the Plaintiff’s wife Nam-Nam decided to purchase the land before the instant subdivision together with the Plaintiff, the Plaintiff jointly purchased the land at the Plaintiff’s wife’s expense of KRW 86 million, Defendant B, C, and G with each of KRW 70 million. However, on May 27, 2002, the Plaintiff and Defendant B, who were police officials at the time, completed the registration of ownership transfer for each of 1/2 shares in the name of Defendant C and G.

(Defendant D’s 1/2 shares were transferred in the name of Defendant C, Defendant E’s 1/2 shares, respectively, in the name of G).

After purchasing the land prior to the instant subdivision, H, Defendant B, C, and G enter into an agreement with the following contents (hereinafter “instant agreement”), and on July 30, 2002, a notary public entered into an agreement with H (248 square meters), B (200 square meters), C (200 square meters), and G (200 square meters).

2. All public charges (property tax and capital gains tax and resident tax, etc. at the time of transfer) related to the above real estate shall be distributed and paid in accordance with the equity ratio under Article 1;

3.All matters such as the sale and purchase or development of the above real estate shall be agreed upon by four persons.

4. All management of the above real estate will be conducted by H for convenience.

No. 2730 in 2002. D.

After that, on September 11, 2009, the land prior to the instant subdivision was divided into a 1,402 square meters in response to the wife population F (hereinafter “instant F land”) and the land listed in the attached Table (hereinafter “instant land”). The Plaintiff or H, Defendant B, C, and G are the Plaintiff or H and H, and the instant land are owned by Defendant B and C, with specific ownership. The instant land is owned by the Plaintiff or H and H, and the instant land is owned by Defendant B and C, with respect to the instant F land under the sole name of G, and with respect to the instant land under the sole name of Defendant C.

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