beta
(영문) 인천지방법원 2020.08.20 2019가단241225

소유권이전등기

Text

The defendant shall enter into an agreement on October 23, 2012 with respect to the share of 1/6 of each of the real estate listed in the attached list to the plaintiff.

Reasons

1. Basic facts

A. Both the Plaintiff and the Defendant and their children of the deceased E (Death of April 6, 1987) and the deceased F (Death of April 29, 1987).

B. The network D (hereinafter “the deceased”) died without having a spouse or child on November 2, 2008, while each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was held in title trust and completed the registration of ownership transfer in G’s name.

C. On October 23, 2012, the Defendant drafted a written confirmation to the Plaintiff that each of the instant real estate is the co-inheritors’ co-property as the deceased’s inherited property.

The Defendant completed the registration of ownership transfer on May 11, 2015 with respect to each of the instant real estate.

E. The Plaintiff’s shares in inheritance against the deceased D are 1/6.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, each of the instant real estate was jointly inherited by the heirs, including the Plaintiff and the Defendant.

Therefore, the defendant is obligated to implement the registration procedure for transfer of ownership with respect to shares 1/6 to the plaintiff, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. Although the plaintiff and the defendant jointly inherited each of the real estate of this case, the defendant and the plaintiff agreed to divide the defendant's expenses to be borne by the defendant during the process of finding ownership of each of the real estate of this case from G, and the defendant and the plaintiff agreed to divide the expenses to be borne by the defendant. The expenses are KRW 15,298,000, property tax of KRW 5,037,200, property tax of KRW 5,037,200, property tax of the defendant on behalf of G, and KRW 5,000,000, and KRW 60,000,000, total of KRW 193,083,598, and KRW 30,000,000, which is the part to be borne by the plaintiff, until the plaintiff receives from the plaintiff.