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(영문) 대구고등법원 2018.09.19 2017나21368

소유권이전등기

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1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Basic facts

A. From 1979 to 1979, E owned 1/2 of the real estate listed in the separate sheet No. 1 (hereinafter “instant land”), and from around 1980 to 344 square meters in Daegu-gu, Daegu-gu, and owned 1/2 of the 344 square meters, and around 1986, E constructed and resided on each of the above lands.

B. On August 20, 2003, the F 344 square meters in Daegu Seo-gu was divided into the real estate listed in the attached Tables 2 and 3 on August 20, 2003.

(E) One-half of the above F 34 square meters, one-half of the above F 34 square meters, was registered as one-half of the real estates listed in paragraphs 2 and 3 of the above list; hereinafter the above list Nos. 2 and 3, the E-owned part among the real estates listed in paragraphs 2 and 3 of the above list is referred to as “instant 2 and 3 land”).

E (hereinafter referred to as “the deceased”) died on July 3, 2014, and as the inheritor, the Plaintiff, the Defendants, and the co-defendant D of the first instance court were their children, and as to each of the instant land on July 18, 2014, the inheritance registration was completed due to the inheritance shares of the Plaintiff, the Defendants, and D.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 5, Eul's 2 (including branch numbers, if any) and the purport of the whole pleadings

2. On December 22, 2010, the Plaintiff asserted that the purchase contract was concluded between the deceased and the deceased to purchase the land of this case with the money lent to the deceased as the purchase price. As such, the Defendants, the deceased’s heir, are obligated to implement the registration procedure for transfer of ownership based on the above sales contract with respect to each of the respective shares of the land of this case to the Plaintiff, the buyer.

3. Determination

A. According to Gap evidence Nos. 8-1, 2, and 3, it is recognized that the plaintiff received a certificate of personal seal impression, abstract of resident registration card, and resident registration certificate from the deceased on December 22, 2010 for the sale of real estate issued by the plaintiff as the purchaser, but there is no disposal document, such as a sales contract, which directly recognizes that the contract was concluded on the same day between the plaintiff and the deceased.

Therefore, it is therefore.