beta
(영문) 춘천지방법원 강릉지원 2018.07.17 2018가단30777

소유권이전등기

Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and the defendant inherited the deceased, as the children of the deceased F (the deceased on June 28, 1998, hereinafter "the deceased"), together with the deceased G (the deceased on October 26, 2003) who are the wife of the deceased.

B. While the deceased engaged in retail business with the trade name "I" in Gangseo-si, Gangnam-si, the deceased closed business on July 4, 1979, and on August 1, 1979, business registration was made in the name of "J" in the name of "J".

C. The building indicated in the attached list (hereinafter “instant building”) was constructed around June 12, 1980 at the location of the said place of business, under the name of the Defendant as the title holder of the building permit. The completion inspection was completed on June 13, 198, and the registration of ownership preservation was completed on June 23, 1995 under the name of the Defendant.

[Grounds for Recognition: Evidence Nos. 1, 2 (Partial Number omitted), Evidence Nos. 1, 7, 10, 11, and the purport of the whole pleadings]

2. The plaintiffs' assertion that the building of this case was constructed by inserting materials and labor at the deceased's expense, and the deceased acquired the ownership in the original condition, and the registration of preservation of ownership completed in the name of the defendant is null and void.

The ownership of the instant building was inherited by G, the Plaintiffs, and the Defendant due to the death of the Deceased, and the Plaintiffs and the Defendant again acquired the ownership by one fifth of the shares due to the death of G.

Therefore, the defendant is obligated to implement the registration procedure for ownership transfer with respect to one fifth share for each of the reasons for the recovery of authentic title.

3. The plaintiffs' claim is premised on the premise that the deceased had acquired the ownership of the building of this case by constructing the building at the deceased's effort and cost. As acknowledged in Paragraph 1, the defendant's business registration was made before the construction of the building of this case, in addition to the fact that the building of this case was omitted in the No. 2 No. 1 and No. 2, and the certificate of completion inspection as to the building of this case (No. 7).