beta
(영문) 창원지방법원 2014.10.31 2012가단4773

지분이전등기말소

Text

1. As to the Plaintiff, Defendant B’s share of 3/36 of each land listed in the separate sheet, Defendant C, D, and E respectively.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition 1) The land of this case was assessed against the Plaintiff on September 19, 1913 by the Chonam-nam G upon the death of the F in 1959 and the G succeeded to it on August 10, 1968. The land of this case was unregistered on August 9, 1989, and the registration of preservation of ownership was completed on the part of the heir, including the Plaintiff, who was the president of G on August 9, 1989. On the same day, the registration of ownership transfer was completed on the remainder of the gift except for the Plaintiff’s share, and the registration of ownership transfer was completed on the part of the Plaintiff. 2) However, on the ground that the Plaintiff was unable to dispose of each of the land of this case without good health, the Plaintiff transferred the ownership transfer registration to the Plaintiff on the ground that the ownership of each of the land of this case was returned on September 19, 198.

3) Thereafter, H died on March 3, 1997. The deceased’s heir completed the registration of ownership transfer with respect to the above 1/4 portion in the name of the deceased H on January 28, 2008 due to inheritance due to the consultation division, and I also completed the registration of ownership transfer with respect to the above 1/4 portion in the name of the Plaintiff on July 29, 2008 due to the cancellation of agreement, and on July 29, 2008, the Plaintiff was returned to the Plaintiff the above 1/4 shares in the name of the deceased H and I. 4 shares in each of the instant land adjacent to K and L. 4 shares in each of the instant land adjacent to H and L, and the Plaintiff’s relative N was living in the building installed on the land of M, and I paid the Plaintiff’s relative son for M in 2006 and 207 portion of property tax in lieu of the future imposed on land.

5) Meanwhile, on March 4, 2003, J died after having left Defendant C, D, and E, the wife, as inheritor, as the wife, as the wife. [The fact that there is no dispute over the grounds for recognition, is without merit.]