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(영문) 서울고등법원 2017.05.17 2016나2089548
공유물분할
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The ownership transfer registration was completed on June 24, 1981 with respect to the land of this case with respect to the land of 2,784 square meters in the 2,784 square meters in Bupyeong-gu, Seocheon-gu, Seocheon-gu, Incheon District Court on June 24, 1981, due to the inheritance of the property on August 1, 1970. (2) On March 2, 2001, the land of this case was divided into 2,122 square meters in the 2,122 square meters and 662 square meters in the 6662 square meters in the FF on the same day, and the registration of ownership transfer was completed in the non-party G on the same day.

(C) On December 21, 2009, on December 21, 2009, with respect to the land of this case, the ownership transfer registration on the ground of the division of property on November 24, 2009, and on the part of 297.52/122 shares on August 9, 2013, the land of this case was completed on April 1, 2000 in the following: (a) ownership transfer registration on the ground of the sale on April 1, 1200; (b) ownership transfer registration on the ground of the sale on April 1, 200; (c) ownership transfer registration on the ground of the Plaintiff’s shares on December 171, 202; (d) shares on the ground of Defendant B, and C’s shares on December 22, 297; (c) shares on the ground of Defendant D’s shares on the ground of the property of this case; and (d) shares on the entire area of Defendant D’s shares on the basis of less than 2120.

B. On April 1, 200, Defendant B and C entered into a sales contract with the Plaintiff to purchase KRW 180,000,000, out of the land prior to the land division, and paid the purchase price in full. However, even though the Plaintiff did not obtain the qualification certificate for acquisition of farmland, only the maximum amount of KRW 160,000,000,000 for securing the refund of the purchase price did not complete the registration for acquisition of farmland, and only the registration for establishment of the ownership was completed for securing the refund of the purchase price (as the instant land was divided into the instant land, etc., the registration for establishment of the ownership transfer was cancelled with regard to KRW 662,00,000,000,000,000,000,

(2) Defendant B and C against the Plaintiff on November 1, 2012, Defendant B and C, the Busan District Court Branch Decision 2012Gahap8405 decided November 1, 2012

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