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(영문) 광주지방법원 2019.10.23 2018나63890

소유권이전등기

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1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) married with D, and formed the Plaintiff, the Defendant, F, and E as their children, and died on December 6, 2014.

B. On October 7, 1991, the I Consultative Council has the same year with respect to the real estate listed in Paragraph 1 of the Attached List (hereinafter “instant land”).

1. 26. 26. The registration of ownership transfer was completed on the ground of sale, and on March 7, 1997, the registration of ownership transfer was completed on each one-third portion of each one-third portion of the land of this case by J organizations, K organizations, and L organizations based on donation on the same day.

C. around March 10, 1997, JJ organizations, K organizations, and L organizations completed registration of preservation of ownership in respect of the buildings listed in [Attachment List No. 2] newly constructed on the ground of the instant land.

M has completed the registration of transfer of ownership on November 11 of the same year with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) on December 7, 2004, and on March 9, 2007 to the Defendant on March 9, 2007.

8. The registration of ownership transfer was completed on the grounds of sale.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 through 6 (including the number of each branch number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant asserted that each of the instant real estate was donated from the deceased who purchased each of the instant real estate in M’s name from J organization, K organization, or L organization, and infringed the Plaintiff’s legal reserve of inheritance as co-inheritors.

Therefore, the Defendant is liable for the Plaintiff to implement the procedure for ownership transfer registration on the ground that the share of 2/22 of the instant real estate was returned. Since the Defendant sold each of the instant real estate to N Co., Ltd. in KRW 2,300,000,000, the Defendant is obligated to execute the procedure for ownership transfer registration on the ground that the share of 2/22 of the instant real estate was returned. As such, the Defendant is a clerical error in writing in the amount of KRW 134,454,545,545,134,545,545,45,40,000 (- 1,480,000,000 x 2/222) remaining after deducting the secured debt amount of KRW 820,00,000 from the purchase price.