소유권이전등기
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
The court's explanation of this part of the facts is the same as the corresponding part of the judgment of the court of first instance, and thus, it is citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.
On December 13, 1994, the Plaintiff agreed on the division of inherited property with respect to the instant land on December 13, 1994 by the deceased’s co-inheritors, including the Plaintiff and the Defendants, based on the agreement on division of inherited property (hereinafter “the first claim”)’s summary of the Plaintiff’s assertion as to the cause of the claim. As the Defendants completed the registration of transfer of ownership by their legal shares in inheritance, the registration of transfer of ownership in the name of the Defendants is null and void.
Therefore, the Defendants are primarily obligated to perform the registration of ownership transfer for each inheritance share to the Plaintiff on the grounds of the restoration of real name. In addition, according to the agreement on the division of inherited property, the Defendants are obligated to cancel the registration of ownership transfer in the names of the Defendants according to each inheritance share and to implement the procedures
In a case where the agreement on the division of inherited property between the Plaintiff and the Defendants on the basis of the agreement is not recognized, at least the Defendant G, B, and D, who participated in the preparation of the evidence No. 1, or affixed signature and seal or signature without signature, agreed to transfer each of the Defendants’ inherited shares to the Plaintiff. As such, the said Defendants are obliged to implement the procedure for cancelling the ownership transfer registration in the name of the Defendants for each of the instant land according to their respective inheritance shares, and simultaneously implement the procedure for the
Judgment
The division of the judgment on the first claim is a kind of contract between co-inheritors, and all co-inheritors shall participate, and the division by agreement with only some inheritors shall be null and void.
Supreme Court Decision 7 April 7, 1995