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(영문) 대구지방법원서부지원 2019.07.11 2018가단62666

가등기에 기한 소유권이전본등기 청구의 소

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1. The defendant is the Daegu District Court with respect to each of the 1/14 square meters of 3931 square meters of Cheongong-gun G in Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Facts of recognition;

A. The plaintiffs and the defendant are children of the network H.

B. On August 8, 2018, the Defendant: (a) on the ground of “the gift as of July 31, 2008”, “The real estate indicated in the Disposition (hereinafter “instant real estate”) owned by the deceased H; and (b)

The registration of ownership transfer is completed in the name of the defendant.

C. After the death of H, the Plaintiffs filed a lawsuit against the Defendant on February 17, 2014 against the Daegu District Court 2013Kadan52254, and concluded the following adjustments between the Plaintiffs and the Defendant.

1. As to shares 1/14 of the instant real estate among the instant real estate, the Defendant shall implement the procedure for provisional registration of ownership transfer claim based on the purchase/sale reservation as of February 17, 2014, respectively, with respect to each of the instant real estate.

2. The defendant and the plaintiffs shall cooperate in the sale of the real estate of this case, and when the sale is made, the defendant shall distribute the price to the plaintiffs according to the above ratio of shares.

Nevertheless, the defendant does not have an intention to sell the real estate of this case even after the plaintiffs' continuous request for sale for five years after the mediation was completed.

2. According to the above facts of recognition, the Defendant is obligated to implement the registration procedure for transfer of ownership as to shares of 1/14 of the instant real estate on October 17, 2018, on the ground of the completion of the pre-sale agreement, signed by the Defendant, which contained the Plaintiffs’ intent to complete the purchase and sale reservation.