beta
(영문) 서울중앙지방법원 2020.09.23 2019가합590060

소유권이전등기절차이행청구 등의 소

Text

1. The Defendants shall purchase a reconstruction apartment corresponding to the real estate stated in the attached Table 1 list to the Plaintiff.

Reasons

Facts of recognition

A. (1) The Plaintiff is the spouse of the deceased F (hereinafter “the deceased”). Defendant B and C are the children of the deceased and the former spouse of the deceased, and Defendant D are the children between the deceased and the Plaintiff.

(2) The Deceased died on May 26, 2019, and the Defendants, the spouse of the Deceased, inherited the deceased’s property.

(3) The conjunctive Defendant (hereinafter “Defendant Association”) is the Housing Reconstruction Project Association which obtained an approval for the establishment of the association from the head of Gangnam-gu Seoul Metropolitan Government on November 21, 2013 to implement the Housing Reconstruction Project (hereinafter “instant rearrangement Project”) in the E apartment located in Gangnam-gu, Seoul and seven lots of land, 179,794.9m2.

B. (1) On May 26, 2010, the Deceased completed the registration of ownership transfer due to the gift made on May 26, 2010, as to the apartment (E apartment I located in Gangnam-gu Seoul, and hereinafter “instant apartment”) listed in the attached Table 1 list on May 26, 2010.

(2) On July 12, 2017, the Deceased entrusted the instant apartment with the Defendant Union as a member of the Defendant Union, and the Defendant Union concluded a trust deed, such as the content of promoting the instant improvement project by being entrusted with the instant apartment. On January 31, 2018, the Defendant Union completed the registration of ownership transfer on the instant apartment due to the trust on July 12, 2017. The instant apartment was removed following the implementation of the instant improvement project, and was destroyed on January 30, 2019, and the present registration of the trust in the name of the Defendant Union was completed on the share of the site of the instant apartment.

C. On July 15, 2019, after the death of the deceased, the Plaintiff’s approval seal on the deceased’s testamentary document applies to Seoul Family Court for the approval seal of the testamentary document or sound recording, and the above court’s approval seal was affixed on October 17, 2019 (Seoul Family Court Decision 2019Hu5251), and the deceased’s testamentary document subject to the approval seal is subject to the approval seal.