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(영문) 창원지방법원진주지원 2017.12.19 2017가단34154

소유권이전등기

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed on May 13, 1965 with respect to the 1,706 square meters in Gyeong-gun, Busan-gun, Busan-do prior to the division. However, on June 16, 1994, Nonparty E completed the registration of ownership transfer based on sale on November 15, 1975 pursuant to the Act on Special Measures for the Registration of Real Estate Ownership Ownership (Act No. 4502).

B. On March 2, 2006, the land size of 1,706 square meters in Si-Gun, Busan-gun, Busan-do prior to the partition was divided into each real estate listed in the separate sheet (hereinafter “each of the instant real estate”). The E ownership transfer registration was completed in the name of Nonparty G via Nonparty F on April 19, 2013 on the ground of inheritance. The ownership of D-owned shares was deceased on December 30, 2016, and the ownership transfer registration was completed in the name of the Defendant on April 13, 2017 on the ground of inheritance by consultation division.

C. On November 24, 2016, Nonparty H, as D’s children, drafted a real estate sales contract (hereinafter “instant sales contract”) stating that he/she shall sell three-minutes of each of the instant real estate to G on behalf of D in KRW 16,00,000,000, among the instant real estate on behalf of D. However, the said sales contract is deemed to include the content of “the registration for transfer of ownership by undergoing the inheritance registration procedure at the time of death after the death of the following, because he/she has no knowledge ability due to long-term hospitalization, as he/she is owned by D, and the seller bears the signature and seal of the deceased I.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. On November 15, 1975, the Plaintiff’s husband I purchased the instant real estate from the Defendant’s deceased father D on November 15, 1975, and due to the obligation to be repaid to E, the Plaintiff’s husband transferred the registration of ownership transfer for one-third portion of the instant real estate in lieu of repayment of the obligation, and continued to occupy the said real estate.

After I died, the Plaintiff is entitled to the instant real estate.