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(영문) 수원지방법원안산지원 2019.09.20 2018가단66923

소유권이전등기

Text

1. The plaintiff's respective lawsuits against defendant D and E shall be dismissed.

2. The plaintiff's respective claims against the defendant B and C are dismissed.

3.

Reasons

1. Summary of the cause of claim;

A. Each real estate listed in the separate sheet 1 and 2 is the land for which the registration of ownership transfer has been completed in the name of the net F (Death, 1963).

Among them, the registration of ownership transfer of 1/4 shares was completed to G, Dog, Dog, Defendant B, and Defendant C, who is the son of the net F in around 2006, but the real estate listed in the attached list 2 still remains the registration of ownership transfer in the name of the net F.

B. The Plaintiff, Defendant D, and E are the successors of the network H.

After the death of the deceased H in 2012, the registration of ownership transfer of shares was completed on the real estate listed in the attached list 1 for Defendant D, E, and the Plaintiff due to inheritance (i.e., the net H’s share 1/4 x 1/3).

C. Since then, Defendant D and E demanded a partition of co-owned property around May 2015, Defendant D and C, who are co-owned share holders, agreed in writing to the effect that they would recover the co-owned share of Defendant D and E and then return to the Plaintiff later, on December 7, 2015, Defendant D, E and E’s total of 1/6 shares on real estate listed in the attached Table 1, and Defendant C paid the equivalent value to Defendant D and E, and the inheritance share on real estate listed in the attached Table 2, to Defendant C thereafter.

Accordingly, on January 6, 2016, G, B, and C paid KRW 80,00,000 to Defendant D and E, and on January 13, 2016, and I completed the registration of ownership transfer with respect to shares in 1/18 (=1/6 x 1/3).

Since then, according to its purport, I completed the registration of ownership transfer with respect to 1/18 shares in his/her name to the Plaintiff on June 5, 2018, but Defendant B and C did not perform this.

E. The fact that Defendant B and C received and kept ownership of 1/18 shares among the real estate listed in the separate sheet 1 constitutes an administrative management for the Plaintiff, and thus, the obligation to transfer the acquired property under Article 684 applicable mutatis mutandis under Article 738 of the Civil Act.