소유권이전등기
1. As to the Plaintiff’s share of Defendant E, F, and G among each real estate listed in the separate sheet, each of Defendant E, F, and G, and Defendant B, 52/260.
1. Facts without dispute;
A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) is owned by L, who completed the registration of ownership preservation or the registration of ownership transfer, or all of the real estate inherited from the deceased M, his father.
B. L’s family members were N, 1 womanO, 2 women P, 1 South-North Defendant C, 2 South-North Defendant C, and 2 South-North Korea.
L, as of December 10, 1997, due to the death of N,O (Death of May 29, 1985), inherited L by the deceased (spouse Q Q, children E, G, F), Defendant B, P, Defendant C, and D.
The N's inheritance shares are 3/13, and the inheritance shares of their children, including Defendant B, are 2/13, respectively.
C. On August 25, 2007, the Plaintiff entered into a sales contract with Defendant B on each of the instant real estate (hereinafter “instant sales contract”) with the Plaintiff as an agent, and on behalf of the deceased L’s heir (Provided, That this does not refer to O’s substitute heir), the Plaintiff’s intent is to sell each of the instant real estate on behalf of the deceased L’s heir.
The Plaintiff paid the agreed purchase price to N’s account.
N died on April 2015, which was after the conclusion of the instant sales contract, and P died on June 2015, Q, February 27, 2018, and the deceased’s spouse R on September 12, 2018.
Accordingly, Defendant B, C, and D finally inherited the above shares (2/13) inherited from the network L, and Defendant E, F, G, each of which is the children of O and Q, and Defendant H, I, J, and K, each of which is the children of P and R, were succeeded to 3/260 shares, respectively.
2. Determination
A. Defendant B, a summary of the Plaintiff’s assertion, concluded the instant sales contract in the capacity of a contracting party with respect to N’s shares of inheritance, and as to N’s shares of inheritance, in the capacity of its representative.
Therefore, as to the shares inherited from the net L and the shares inherited from the network N, the remaining Defendants inherit from the network N.