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(영문) 청주지방법원충주지원 2014.08.28 2013가단10119
소유권이전등기 등
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The relationship C between the Plaintiff and the Defendant had A E, F, the Defendant, G, H and his/her father I, J, K, and L (unified M) with D, and the Plaintiff is children of the said E.

B. The details of the registration of real estate (1) E acquired the ownership of all shares, including the 1/4 shares of the real estate listed in [Attachment List No. 1] in 1980, and upon the death of E, the registration of ownership transfer was completed in the name of the Plaintiff on January 22, 1997 on the real estate.

(Attachment Form 1/4 states only the above real estate's 1/4 shares, but only the entire shares of the above real estate are referred to as "the land in this case". On August 12, 2000, the transfer registration of ownership in the name of F, G, and Defendant (each 1/4 shares) was made on the ground of the donation made on August 11, 200, and the ownership was transferred to C on October 25, 200 on the ground that the plaintiff's 1/4 shares were donated.

(2) On the other hand, the building listed in the attached list No. 2 (attached Form No. 1/4, but all shares of the above building are referred to as "the building of this case" hereinafter) was originally constructed around 1970 by D but not yet registered. On August 12, 200, the registration of preservation of ownership was completed on the plaintiff, the defendant, the F, and G joint names (each share of 1/4).

However, as in the instant land, the ownership of the Plaintiff’s 1/4 portion was transferred to C on October 25, 2000 due to donation.

(3) On March 29, 2007, C entered into an agreement on the division of inherited property (Evidence A-2) with the purport that on August 19, 2013, the successors, including the Plaintiff and the Defendant, of C shall own four lots of land owned by C, including one-fourth share in the above name C among the instant land and the instant building, solely from the Defendant.

Accordingly, on August 26, 2013, with respect to the above C’s 1/4 shares, ownership was transferred to the Plaintiff on the ground of inheritance due to an agreement division.

(4) F and G are the entire shares of the instant land and buildings.

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