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(영문) 서울남부지방법원 2018.06.29 2017가단255591

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are children of the deceased F (Death on June 2, 2003, hereinafter “the deceased”).

B. On January 29, 1986, the Deceased completed the registration of transfer of ownership on the real estate listed in [Attachment 1] List No. 1 (hereinafter “the instant real estate”) on January 28, 1986, based on sale and purchase on January 28, 1986, and completed each registration of transfer of ownership on the real estate listed in [Attachment 2] List No. 2 (hereinafter “instant real estate”) on January 28, 1986, based on sale and purchase on January 28, 1986.

C. After December 22, 2009, with respect to the shares of 1/7 shares among the instant real estate Nos. 1 and 2, the registration of ownership transfer was completed on June 22, 2003, as to the shares of 487/42 out of the instant three real estate. The registration of ownership transfer was completed on June 2, 2003 by inheritance.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2-1 to 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff, as a woman of the deceased, has actually borne the purchase price of each of the instant real estate, and only completed the registration of ownership transfer in the name of the deceased. As such, the actual owner of each of the instant real estate is the Plaintiff.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to each ownership share of each real estate of this case to the Plaintiff.

B. (1) According to Articles 4, 11, and 12 of the Act on the Registration of Real Estate under Actual Titleholder’s Name (hereinafter “Real Estate Real Name Act”), a title truster, who had had any real right to real estate registered or had any real right to real estate registered under a title trust agreement before the enforcement of the Real Estate Real Name Act, registered or had any title trustee registered under the name of the title trustee within one year from the enforcement date of the Act, shall carry out the real name registration within the period of one year from the enforcement date of the Act, and shall not