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(영문) 수원지방법원 2018.08.02 2017가단507102
소유권이전등기
Text

1. The Plaintiff’s respective claims against Defendant B, D, E, F, G, and H shall be dismissed in entirety.

2. The plaintiff's defendant C.

Reasons

1. Basic facts

A. J, K, and Defendant B, around 1983, jointly purchased 13,567 square meters of I forest land (hereinafter “instant land”), L forest land 1,718 square meters (hereinafter “L land”) and M forest land 527 square meters of forest land (hereinafter “M land”) and completed the registration of ownership transfer thereof.

(1/3 shares) After the end of 1987, Defendant B sold its shares (1/3) in LA land and M land to N and completed the registration of transfer of that shares.

B. On December 20, 1993, O, the birth of Defendant C, purchased each ownership share of L land and M from J and N on December 20, 1993, and completed the transfer registration on January 21, 1994.

C. Three buildings without permission are constructed on the instant land. Since around 2004, the Plaintiff occupied and used two buildings among them for housing and warehouse purposes.

On the other hand, the J died on March 7, 2007, and accordingly, Defendant D, E, F, G, and H jointly inherited the J.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, 8, and 24, the purport of the whole pleadings

2. The assertion and judgment

A. On May 19, 2004, the Plaintiff’s claim against Defendant C was in the situation where the P land in Suwon-si, Suwon-si, one of its own possession, was in excess of auction, and the land was completed with false provisional seizure (the amount of claim KRW 360,000,000,000) to which the said Defendant is the obligee, instead of allowing the said Defendant to receive the claim amount. The above Defendant’s claim amount is collectively called J and Defendant B (hereinafter “J, etc.”).

(3) After purchasing shares from the Defendant, the Defendant agreed to be transferred from the said Defendant the co-ownership share (2/3) of the instant land, which is in fact owned without the transfer registration (hereinafter referred to as the “Agreement of May 19, 2004”).

(2) Therefore, the above defendant is obligated to implement the registration procedure for transfer of ownership with respect to the share of 2/3 of the instant land as part of the implementation of the above agreement to the plaintiff. 2) The remaining defendants are the defendants.

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