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(영문) 서울중앙지방법원 2017.04.12 2015가합17703

소유권이전등기

Text

1. The Plaintiff:

(a) As to the shares of Defendant B and D in each of the respective immovables listed in Schedule 1 and Annex 3:

(b) annex.

Reasons

Basic Facts

Attached Form

As to each real estate listed in the 1st list (hereinafter “each real estate of this case”, and each individual real estate is indicated by the sequence), the registration of preservation of ownership was completed in the name of Defendant B (NN; hereinafter “Defendant B”), Defendant C, networkO, network P, network Q (hereinafter “Defendant B et al.”) with respect to each of the 1/5 shares under the receipt Nos. 2929 on September 24, 1957.

After that, on September 24, 2015, the registration of ownership transfer was completed due to inheritance on December 7, 2011 due to consultation and division between Defendant D and Defendant D on September 24, 2015.

Of the instant 2 real estate, the registration of ownership transfer was completed on October 16, 2015 with respect to the shares owned by Defendant B 1/5 and shares owned by Defendant D 1/5 on the same day on the same date in Namyang-si, and Defendant B and D received KRW 4,240,460, respectively, as the price for the said acquisition on November 12, 2015.

The deceased Q died on July 19, 2004; the deceased P on January 3, 2012; and the deceased on December 11, 2014; each heir inherited the deceased’s property by inheritance shares or by inheritance division agreement; and each heir inherited each of the instant real property as shown in the separate shares in the separate shares in the separate sheet in the separate sheet in attached Table 2 to the Defendants.

【Defendant B, D: In the absence of dispute, Gap evidence Nos. 1 through 7, 11 through 26, 28 through 32, and Eul evidence Nos. 1 through 8 (including each number), the whole purport of the pleadings as well as the remainder of the defendants: The confession (the main text of Article 150(3) and (1) of the Civil Procedure Act) that the plaintiff filed a claim for the registration of ownership transfer, etc. based on the cancellation of title trust with the assertion that the plaintiff filed a title trust for each of the real estate of this case to the clan members before the judgment on the previous merits of the defendant B and D was made. However, at the time of registration of ownership preservation, the defendant B and D had the real estate of this case registered as a clan.