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(영문) 인천지방법원 2020.11.10 2020가단223780

소유권이전등기

Text

1. On October 8, 2019, the Defendant issued to the Plaintiffs with respect to one-third share of each of the real estates listed in paragraphs (1) and (2) of the attached list.

Reasons

1. Facts of recognition;

A. On October 15, 2013, the deceased died on October 15, 2013, and the deceased’s heir was the Plaintiffs and the Defendant, who were husbands and children.

B. On December 2, 2013, E, the Plaintiffs, and the Defendant entered into an agreement on the division of inherited property (hereinafter “instant agreement on the division of inherited property”) with respect to the land buildings in Michuhol-gu Incheon, the inherited property (hereinafter “instant inherited property”), and upon the said agreement, on December 4, 2013, the registration of ownership transfer was completed under the name of the Defendant regarding the instant real property.

· Transfer the ownership of the inherited property of this case to the defendant.

- When the Defendant sells the instant inherited real estate, 1/4 of the purchase price shall be paid to E and the Plaintiffs within one month from the time of sale.

C. On May 28, 2014, the Defendant sold the instant inherited real estate without notifying the Plaintiffs. On April 23, 2014, the Defendant purchased the land indicated in paragraph (1) of the attached Table, and on October 17, 2014, newly constructed a building listed in paragraph (2) of the attached Table (hereinafter “instant real estate”) on the land above, and completed registration of initial ownership in its name.

On October 8, 2019, the Plaintiffs, who became aware of the Defendant’s disposition of the instant inherited property, requested the Defendant to prepare a written agreement on division of property (hereinafter “instant agreement”) with the Defendant on the following details.

1. With respect to the instant real property, the Plaintiffs have 30% shares and 40% shares of the Defendant.

Provided, That the plaintiffs shall bear all the costs related to E.

1-1. The plaintiff A executes studio construction with the defendant's funds.

2. The Defendant shall sell the instant real estate within six months from October 2019.

3. Paragraph 1-1. If the sale is not performed, the sale is revoked, and the real estate of this case is divided into one third.

E. As of the date of closing argument of the instant case, the ownership of the instant real estate still remains to the Defendant.