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(영문) 서울중앙지방법원 2017.06.01 2016가단5033106

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

The Plaintiff asserts that the Defendants are obligated to implement the procedure for ownership transfer registration in accordance with the above transfer agreement, since the Defendants agreed on June 13, 1996 to transfer approximately 1/8 of the total share of the claim in the instant land to the Plaintiff.

According to the records in the certificate No. 13 (attached Form No. 3, and the list of real estate attached to the above certificate as stated in the certificate, the fact that the network I and the defendants (I's children are children) agreed on June 13, 1996 to distribute the amount equivalent to 1/8 of the attached list to the plaintiff on June 13, 1996 (hereinafter "the agreement of this case").

However, on March 31, 2015, prior to the filing of the instant lawsuit, the Plaintiff filed a lawsuit against the Defendants on March 31, 2015, for the registration of ownership transfer on the ground of the instant agreement, as Seoul Central District Court 2015Gahap521837, 579812 (Joint). While the Defendants filed a lawsuit for the registration of ownership transfer during the course of the instant lawsuit, the Plaintiff did not seek ownership transfer regarding the instant land until the judgment on the instant case was rendered ( October 14, 2016) but did not seek ownership transfer by the time when the judgment on the instant case was rendered (see, e.g., Supreme Court Decision 2015Da521837, 579812 (Joint).

In light of the reasoning of the above Seoul Central District Court Decision 2015Gahap521837, 579812 (combined) (Evidence No. 3), the Plaintiff asserted that the Defendants can sufficiently recognize the fact that the Plaintiff agreed to transfer the land of this case on June 13, 1996. However, even when examining the reasons of the above judgment (not determining the ownership of the land of this case as the issue of ownership), it is insufficient to recognize that the Defendants agreed to transfer the land of this case to the Plaintiff on June 13, 1996, and there is no other evidence to acknowledge it.