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(영문) 대구지방법원 2017.12.19 2016가단32206

소유권이전등기

Text

1. Defendant F, among the real estate Nos. 3 and 4 in the attached list of real estate in the attached list Nos. 3 and 4, Defendant G, Defendant H and Defendant I respectively.

Reasons

1. Basic facts

A. On May 20, 2016, the Plaintiff entered into a sales contract with Defendant F to purchase each land and building listed in the separate sheet of real estate from Defendant F, and the J land and its ground buildings in the Gyeongbuk-gun, Gyeongbuk-gun, Gyeongbuk-gun, and

(hereinafter “instant sales contract”). At the time of the conclusion of the instant sales contract, the buildings Nos. 3 and 4 in the [Attachment List Nos. 3 and 4 (hereinafter “instant buildings”) had not been registered as preservation of ownership, and Defendant F agreed to assume the Plaintiff responsible for cooperation, etc. due to the transfer of ownership and loss of the instant buildings.

B. As to the land Nos. 1 and 2 as indicated in the separate sheet of real estate (hereinafter referred to as “instant land”), ownership transfer registration has been completed in the following order:

① The transfer registration of ownership on December 5, 1983 (the cause of sale on December 3, 1983) (2) Defendant FF on May 13, 2004 (the cause of donation on May 13, 2004) ③ Plaintiff 16 June 16, 2016 (the cause of sale on May 20, 2016)

C. Since around 1979, K newly built the No. 3 buildings listed in the annexed list of real estate. On July 23, 1991, K newly built the No. 4 buildings listed in the same list. On January 24, 2005 without completing registration of preservation of ownership as to the instant building.

The Defendants, as K’s heir on August 31, 2016, completed registration of preservation of ownership in accordance with their respective inheritance shares stated in the attached inheritance shares table.

【Ground of recognition” without any dispute, Gap evidence 1, Eul evidence 2-1 through 4, Gap evidence 3, and 4-1, 2, and Gap evidence 8, the purport of the whole pleadings and arguments

2. Judgment as to the main claim

A. The Plaintiff’s assertion K donated not only the instant land but also the instant building to the Defendant F, the Republic of Korea, on May 13, 2004.

Therefore, the remainder of the defendants except Defendant F is about each share indicated in the annexed inheritance share sheet among the buildings of this case to Defendant F.