소유권이전등기
1. The Defendant shall consult on the division of inherited property on March 31, 2010 with respect to the Plaintiff’s share of 2/9 of the attached building.
1. The summary of the case and the Plaintiff at issue of this case claimed the implementation of the procedure for the registration of ownership transfer regarding the Defendant’s shares in inheritance among the buildings inherited following the agreement on the division of inherited property. The Defendant asserted that the subject of the agreement on the division of inherited property is a member of the association, and the Defendant did not waive
The key issue of this case is whether the status of a housing association member, which is the subject of consultation on the division of inherited property, can be seen as a “share in building ownership.”
2. Presumed factual basis
A. C (the father of the original Defendant) owned the buildings indicated in the attached Form No. 109 square meters and the attached Form No. 109 square meters on the land (hereinafter “instant building”) in Dongjak-gu Seoul Metropolitan Government, and joined the trust registration made on August 26, 2008 (hereinafter “association”) for the purpose of promoting the construction project of multi-family housing with respect to the said building.
B. C On October 31, 2008, upon death of October 31, 2008, succeeded to C by spouse F (3/9), Plaintiff (2/9), Defendant (2/9), and G (2/9).
C. On January 20, 2015, the deceased C’s successors, including the original Defendant, filed a lawsuit against the association seeking the registration of ownership transfer regarding the instant building. On January 20, 2015, the association became final and conclusive to the said inheritors to implement the procedures for ownership transfer registration due to the termination of trust regarding each of the instant inheritance shares among the instant
(Supreme Court Decision 2014Da228457).
On March 31, 2010, the deceased C’s successors agreed on the division of inherited property with the following content:
(2) All of the above inherited property as a regional housing association member of the Dongjak-gu Seoul Metropolitan Government Housing Association (tentative name) shall be owned by the plaintiff among the successors.
After completing the registration of land inheritance in the name of the plaintiff, all the successors agree to independently succeed to the status of a union member based on the land register inherited by the plaintiff and implement the procedures for joining the union.