beta
(영문) 창원지방법원 2014.07.22 2013가단5209

소유권이전등기

Text

1. The plaintiff's main claim is dismissed.

2. Defendant B’s share of 1/3 in the amount of 488 square meters in Haan-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. Basic facts

A. The registration of ownership transfer has been completed in the name of O with respect to the land located in 1544m2 (hereinafter “N” and the lot number in the case of the land located in N”) in Haan-gun, Haan-gun, Haan-gun. On August 8, 1981, according to the former Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 3094), with respect to each of 1/3 shares in P, Q and R’s name as of February 3, 1971.

B. Of D, 1544 square meters, 918 square meters was divided into S on March 17, 1994 (hereinafter “142 square meters among S”), 38 square meters were divided into U on August 24, 1994, and 100 square meters were divided into V on October 12, 2010.

D currently remains 488 square meters (hereinafter “instant real estate”).

C. Q died on May 14, 1994.

Of the instant real estate, Q 1/3 shares were inherited to the Defendant (Appointed Party) and the designated parties as stated in the purport of the claim.

P died on May 17, 2009.

On February 19, 2010, Defendant B completed a share transfer registration based on inheritance due to the agreement and division made on May 17, 2009 with respect to one-third share of P, among the instant real estate.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, 6, Eul evidence 1 and 2 (including additional numbers), the purport of the whole pleadings

2. The Plaintiff’s father, the Plaintiff’s father, purchased the instant real estate from P, Q and R on November 24, 1973 ( October 30, 1973).

W died on March 15, 1975, and on September 1, 1974, the previous date, donated the instant real estate to the Plaintiff.

From September 1, 1974, the Plaintiff has occupied the instant real estate as its owner’s intention in peace and public performance.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on September 1, 1994 for the first time on the part of the Plaintiff with respect to the shares inherited from P or Q, among the instant real property, due to sale on November 24, 1973, and as such, on September 1, 1994.

3. Determination

A. Judgment on the primary argument (1) W.