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(영문) 창원지방법원통영지원 2016.02.16 2015가단3166
소유권이전등기
Text

1. From the Plaintiff:

A. As to Defendant B’s share 7603/11650 of the real estate listed in paragraph (1) of the attached Table No. 1, 2015.

Reasons

1. Facts of recognition;

A. On May 3, 2003, the Plaintiff purchased 7603/29135/29 out of 29,135 square meters of forest land Fran-gun, Sejong-do (hereinafter “F F F F F FF land before division”) from E, and completed the registration of ownership transfer on May 6, 2003. Defendant B, D, and G, and H purchased 5383/298/29 of each of the F F F land before division from E on November 3, 2004, and completed the registration of ownership transfer on November 4, 2004.

B. On January 1, 2006, the Plaintiff, Defendant B, D, and H applied for a partition survey of F land before the subdivision to the Korea Cadastral Corporation. The F land before subdivision becomes the land listed in attached Table No. 1 on January 19, 2006, and the remainder of the land is divided into the land listed in attached Table No. 2 and the land listed in attached Table No. 2, 516 square meters in Gyeong-gun, J land, and I land (hereinafter “F land, J land, and I land”) and the registration of the subdivision was completed. However, the transfer registration was not completed between the Plaintiff, Defendant B, D, G, and H.

C. Defendant D purchased 5383/29 of shares from H on April 11, 2014 among the land F, J, and I, and completed the registration of ownership transfer on June 11, 2014. Defendant C inherited 5383/29 of shares in F, J, and I, respectively, from G on April 20, 2014, and completed the registration of ownership transfer on October 27, 2014.

J Land is adjacent to the north-west road among F land before partition and is developed to a considerable extent. F land is the remainder of F land before partition and most trees remain as it remains. I land is a form of passage along which connects the north-west road and F land to the north-west road by abutting on the north-west boundary of J land.

【Grounds for Recognition】 Each description or image of evidence Nos. 3, 4, 5, 9, 10 (including branches numbers, if the numbers are not specified; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the Plaintiff’s assertion 1 of the parties concerned is the land J from May 3, 2003 to the F F before subdivision from E.

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