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(영문) 대구지방법원의성지원 2015.07.08 2012가단2172

소유권이전등기

Text

1. Of the real estate listed in paragraph 4 of the attached list, with respect to Defendant B’s share of 3/40, and Defendant C’s share of 2/40.

Reasons

1. The network E, which inherited the claim indication network D’s properties, has a duty to equally distribute 1/2 shares of the real estate listed in the separate sheet to the male residents, and the Defendants, the heir of the network E, inherited the above duty. As such, the Defendants are obligated to transfer each one-eight shares of the real estate listed in the separate sheet to the Plaintiff as a result of the performance of the divided obligation pursuant to their inheritance shares (Defendant B 3/5 and Defendant C2/5).

However, since Defendant B transferred the real estate listed in the separate sheet Nos. 1, 2, 3, and 6 to F, the Plaintiff is obligated to pay to the Plaintiff the amount of KRW 3/40 of the real estate listed in the separate sheet Nos. 4 and 5 of the Defendant’s Schedule Nos. 4 and 40 (i.e., 1/8 x 3/5) shares, and the Defendant C is obligated to implement each procedure for ownership transfer registration as to shares (i/8 x 2/5) shares. ② Defendant B is obligated to pay KRW 22,248,00 of the proceeds from sale of the real estate listed in the separate sheet Nos. 1, 2, 3, and 6,

2. Judgment by public notice;

A. The cited portion (attached Form 3 and 4 applicable provisions of each real estate): According to Article 208(3)3 of the Civil Procedure Act 【Article 208(3)3 of the Plaintiff’s claim for money against Defendant B, according to Article 5-3 of the evidence No. 5-2 of the Plaintiff’s claim, the officially announced value of the real estate indicated in paragraph (3) of the attached Table 3 is 104,797,020 won (=12,986 square meters x 8,070 won). Thus, the part of the above amount is recognized as 1/8 of the above amount, 13,09,627 won (at least KRW

B. The dismissal part of the Plaintiff’s claim of this case (each real estate listed in the attached list Nos. 1, 2, 5, and 6) is premised on the fact that the network E inherited the real estate listed in the attached list from the network D, and according to the evidence No. 4-1, 2, 5, and 6, the network E is recognized to have completed the registration of ownership transfer for each real estate listed in the attached list No. 1, 2, 5, and 6 as listed below, and there is no other evidence to prove that the network E inherited the real estate from the network D.

Therefore, it is true.