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(영문) 춘천지방법원 2017.07.06 2016가단7596

소유권이전등기절차 인수

Text

1. Of the real estate listed in the separate sheet from the Plaintiff, Defendant B shares 3/15, shares in Defendant C, D, E, F, and G, respectively, 2/15.

Reasons

1. The following facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings as to Gap evidence Nos. 1, 2-1, 2-6, 3, and 4, and there is no counter-proof.

The non-party I (hereinafter “the deceased”) entered into a title trust agreement with the Plaintiff on the real estate indicated in the separate sheet (hereinafter “the instant real estate”) owned by the deceased, and completed the registration of ownership transfer for the instant real estate on March 26, 1996 to the Plaintiff.

B. The deceased died on August 21, 199, and the inheritor was the Defendant C, D, E, F, G, and the deceased’s deceased spouse, and the deceased’s deceased on August 11, 2016, and Nonparty C, C, D, E, F, G, and the deceased’s deceased on August 11, 2016, and there is Defendant H, the deceased’s spouse of Nonparty C, K, and the deceased’s heir.

C. From August 2016 to October 10, 2016, the Plaintiff notified the Defendants of the termination of the title trust agreement with respect to the instant real estate.

2. According to the above facts of recognition, since the title trust agreement on the instant real estate was terminated by the plaintiff's termination notification, the defendants, the heir of the deceased, are obligated to take over the registration procedure for ownership transfer of the instant real estate according to the shares inherited from the plaintiff.

Therefore, among the instant real property, Defendant B is obligated to take over the ownership transfer registration procedure on October 10, 2016 for shares in 3/15, Defendant C, D, E, F, and G, and for shares in 2/15, Defendant H is obligated to take over the ownership transfer registration procedure on October 10, 2016 for shares in 4/75 (2/15 X2/5).

The plaintiff sought the transfer registration procedure against the entire real estate of this case from the defendants, but the defendants are obligated to take over the transfer registration procedure only for the inherited portion among the real estate of this case, and since the 6/75 shares among the real estate of this case were inherited by non-party K, the plaintiff's assertion on this part is without merit.

3. Conclusion.