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(영문) 부산지방법원 2020.02.04 2018가단16795

소유권이전등기

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1. The plaintiff's action against the defendant G, B, C, D, E, and F shall be dismissed.

2. The Plaintiff’s claim against Defendant H, I, J, K, L, and M.

Reasons

1. Basic facts

A. As to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the registration of ownership transfer was completed on July 13, 1938 by the Changwon District Court Kim Jong-hae registry office received on July 13, 1938.

B. Nonparty N, upon the death of 1939, was carried out by Nonparty N, and Nonparty O, his/her leader, succeeded to Nonparty N’s property solely in accordance with the laws and regulations (Article 11 of the Decree, the former custom, etc.) enforced at the time. At the time, Nonparty N, at the time, took the Defendant G’s remainder.

On the other hand, the non-partyO died on June 25, 1966, and accordingly, the non-party P, C, D, D, E, Q, and the non-party R inherited the property of the deceasedO. The non-party P, C, D, E, Q, and Q were succeeded to their respective inheritance shares due to the death of the non-party P and R.

C. As to each of the instant real estate as of August 17, 2015, a sales contract was formulated with the content that Non-Party Dog S would pay KRW 51,640,000 for the purchase price (a contract deposit of KRW 5,000,000 to be paid at the time of the contract, and the remainder KRW 46,640,000 to be paid by the end of February 2016) sell to the Plaintiff.

Around May 15, 2018, Non-party deceased, and his/her children were Defendant H, I, J, K, L, and M, but around May 30, 2018, the inheritance property including each of the instant real estate was owned by Defendant M solely by the division of inherited property.

[Ground of recognition] Facts without dispute, Gap's evidence, Gap's evidence, Gap's evidence 1, Eul's evidence 1, 2, Eul's evidence 1, and the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff (i) purchased each of the instant real estate from Defendant H, I, J, K, L, and M, and the Defendants, the heir of Nonparty deceased S, as the Plaintiff purchased the instant real estate from Nonparty deceased S, did not have served on the Plaintiff a written application for alteration of the purport and cause of the registration of ownership transfer concerning each of the instant real estate on August 13, 2019, but at the same time, the said written application was filed.