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(영문) 서울중앙지방법원 2019.03.20 2018가단5201156

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

The plaintiff is born between the deceased E and F, and the defendants are the same children of the plaintiff.

The network E completed the registration of ownership transfer on May 26, 1970 with respect to one-half portion of the land listed in the attached list No. 1, and completed the registration of ownership transfer on the ground of sale on the same day, and newly constructed the building listed in the attached list No. 2 on the ground and completed the registration of ownership transfer on August 5, 1971.

(C) On September 6, 2004, the Plaintiff and the Defendants filed an application for registration of ownership transfer with respect to each 1/8 share of the instant real estate on March 2, 2005 and on September 6, 2004, after the Plaintiff died on September 6, 2004.

F On January 30, 2012, the Defendants donated 1/8 shares in the principal’s shares in the instant real estate in 1/24 shares, and on February 14, 2012, the ownership transfer registration for shares in 1/24 out of the instant real estate was completed in the future of the Defendants.

Therefore, the real estate of this case is currently owned by the Defendants each 4/24 shares (=existing 1/8 shares donated as 1/24 shares).

[Grounds for recognition] Nos. 1, 2-1, 2-2 of the evidence Nos. 1, 2-1, and 3-2 of the Plaintiff’s assertion as to the cause of claim as a whole of the pleadings, and the deceased on September 6, 2004, the Plaintiff inherited 2/22 of the real estate.

However, although the Plaintiff did not consent to inheritance by agreement division concerning the instant real estate, F and the Defendants completed the registration of ownership transfer for each one-eight share based on inheritance by agreement division without permission, using documents delivered for other purposes on March 2, 2005, even though the Plaintiff did not consent to inheritance by agreement division. Accordingly, the part concerning Plaintiff 2/22 share is the registration of invalidity of cause.

In order to satisfy the Plaintiff’s inheritance shares 2/22 as to the instant real estate, 1/33 shares in each of the instant real estate (=1/33 1/33/33 = 2/22) from the Defendants.