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(영문) 수원지방법원 여주지원 2018.02.14 2016가합6100

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. The network E and network F had the Plaintiff and the Defendants as married couple.

The network E died on April 21, 2012, and the network F died on September 3, 2014.

B. [Attachment] With respect to each real estate listed in the real estate list (hereinafter "each real estate of this case", but in the case of an individual real estate, it shall be referred to as "the first real estate of this case, etc." according to the sequence thereof, the registration of ownership transfer was completed on July 25, 2001 due to the successful bid for compulsory auction on January 25, 200, and with respect to the third real estate of this case, the registration of ownership transfer was completed on December 29, 1969 under the name of Dong E on December 29, 196, and with respect to the fourth real estate of this case, the registration of ownership transfer was completed on December 15, 1986 under the name of Dong E on May 11, 2004.

[Ground of recognition] A without dispute, Gap evidence 1-1-3, Gap evidence 2-1-4, the purport of the whole pleadings

2. The assertion and judgment

A. The Defendants asserted by the Plaintiff are obligated to complete the registration of ownership transfer with respect to one-fourth portion of each of the instant real estate for the following reasons.

1. The real estate Nos. 1 and 2 of this case is awarded in the name of the network E and completed the registration of ownership transfer under the name of the network E, and there are real estate agreed to be transferred to the Plaintiff on August 1, 2009, before the network E dies.

As the network E dies, the status as a title truster of the network E on the first and second real estate of this case, the right to claim ownership transfer registration following the cancellation of title trust, and the right to claim ownership transfer registration against the plaintiff were succeeded to the heir.

After that, as the networkF died, the Plaintiff and the Defendants comprehensively succeeded to the rights and obligations between the deceased, and all of the rights and obligations arising from title trust were extinguished due to confusion.

The Defendants, as the inheritors of the Deceased, are the case in accordance with the above agreement.