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(영문) 서울서부지방법원 2017.06.28 2017가합30590

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

가. 원고, 피고, C, D은 형제이고, E는 C의 맏아들이다.

B. The Plaintiff and D filed a lawsuit against the Defendant for the execution of the procedure for ownership transfer registration due to division of inherited property at around 1964 with respect to each of the real property indicated in the list of the preceding claim’s “list of the preceding claim” as follows, and for the conjunctive claim for damages due to nonperformance of the above claim, but was rendered a judgment on June 18, 2009.

(This Court 209Gahap2293) / [Attachment] (The location of real estate: Frinal), each real estate listed in paragraphs 1 and 2 of [Attachment 1/4] out of 1 G forest 6,828 square meters in relation to the attached list of the former office No. 1 G forest 6,828 square meters, was divided from “G forest 6,828 square meters” in paragraph (1) of the previous office list.

2 The real estate indicated in attached Table 3 of 1/4 equity of 1,946 square meters in H forests and fields, as shown in paragraph (3) of the attached Table of 912 square meters.

4 The real estate in paragraph (4) of the attached list of 4,89m2 before J shall be as follows.

C. On December 21, 2009, the Plaintiff and D concluded a mediation that “the Defendant shall pay KRW 25 million to the Plaintiff [the Plaintiff (Appointed Party)] and D (Appointed Party)” on December 21, 2009, the Plaintiff and D shall withdraw the primary claim in the appellate trial, maintain only the conjunctive claim, and add the conjunctive claim for return of unjust enrichment.”

(Seoul High Court 2009Na62563). 【Ground for Recognition】 The fact that there is no dispute, Gap 2 (including a provisional number; hereinafter the same shall apply) and Eul 1 and Eul 2, the purport of the whole pleadings.

2. On November 20, 1970, the Plaintiff asserted that the Plaintiff purchased each real estate listed in the separate sheet from the Defendant (hereinafter “each of the instant real estate”).

Therefore, the defendant is obligated to implement the procedure for the registration of ownership transfer for each of the real estate in this case to the plaintiff.

3. Determination on this safety defense

A. The defendant's assertion that the plaintiff filed a lawsuit against the defendant against the defendant for the implementation of the procedure for ownership transfer registration based on the division of inherited property regarding each real estate stated in the "list of the preceding list."