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(영문) 수원지방법원 2015.04.23 2014가단55952
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, Defendants, and Nonparty E purchased the share transfer registration in the name of Defendant C and Nonparty E on May 27, 2002 under the name of Defendant C and Nonparty E, each of which was jointly owned by F and G, with a share of KRW 2808 square meters (hereinafter “instant land before the instant partition”). The Plaintiff jointly purchased the share of KRW 86 million, the Defendants, and E, with a share of KRW 70 million.

(F) The shares of 1/2 in the name of Defendant C, and the shares of G 1/2 in the name of E, respectively. (b)

The Plaintiff, Defendants, and E entered into an agreement (hereinafter “instant agreement”) around July 30, 2002, around the time of the purchase of the land prior to the instant subdivision, including the following terms and conditions (hereinafter “instant agreement”).

The share of the above real estate is agreed upon by the plaintiff (248 square meters), the defendant B (200 square meters), the defendant C (200 square meters), and E (200 square meters).

All public charges (property tax and transfer income tax, resident tax, etc.) related to the above real estate shall be allocated and paid in accordance with the equity ratio under Article 1.

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

All management of the above real estate shall be made A for convenience.

C. The land before the instant partition was divided into 1,402 square meters (hereinafter “instant H land”) and 1,401 square meters (hereinafter “instant land”) with the wife population H-si on September 11, 2009, and the land before the instant partition was completed on September 11, 2009 due to the partition of co-owned property on September 10, 209, under the sole name of E with respect to the instant land, and the ownership transfer registration was completed due to the partition of co-owned property as of September 10, 2009.

(F) Defendant C and E’s share of each of the above lands were mutually transferred. (D)

Defendant B filed an application for conciliation against the Plaintiff, Defendant C and E to the effect that the partition of co-owned property without his/her consent is null and void in violation of the instant agreement, and that the Plaintiff and Defendant C and E would request the transfer registration for shares in the land of this case from the Suwon District Court 2014M158.

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