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(영문) 수원지방법원 안산지원 2018.07.04 2017가단68472

소유권이전등기

Text

1. The defendant, among the real estate listed in the separate sheet No. 2, the share of 1/2 and the real estate listed in the separate sheet No. 1, the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff A is the father of plaintiff B and the defendant.

B. On October 24, 1983, Plaintiff A purchased the land listed in paragraph (1) of the annexed Table No. 1 (hereinafter “the instant land”) and newly built E-dong light metal frame 1/2 1,00 square meters (hereinafter “E-dong building”), along with D, the owner of the remaining 1/2 shares, and newly built the E-dong light metal frame 82.50 square meters (hereinafter “E-dong building”). On June 11, 2010, Plaintiff A owned 1/2 shares of each building by constructing a new building listed in the annexed Table No. 2 (hereinafter “F-dong building”).

C. D’s shares in the above land and each building were transferred to H on April 10, 200 through G. The Plaintiff’s shares were transferred to H on April 10, 200, and the ownership transfer registration was completed on February 25, 2003 on the ground that the Plaintiff’s shares were donated to the GI, the wife.

The deceased I died on January 30, 201, and the plaintiffs and the defendant agreed on April 28, 201 regarding the inherited property as follows.

(1) All the procedures for inheritance and distribution of inherited property shall be entrusted to a plaintiff A.

(2) Inheritance distribution concerning inherited property shall be based on statutory shares in inheritance.

(3) Since inherited property is currently owned jointly, the title of registration of real estate (land and building) located in Yeonsu-gu Incheon Metropolitan City shall be a defendant for convenience.

The registration title of the real estate (forest) located in K in the Gyeong-gun, Gyeongbuk-gun, Gyeongbuk-gun, shall be B.

(4) The registration title of the above inherited property shall be the defendant (real estate located in Yeonsu-gu), the plaintiff B (military forces's real estate), and may not exercise any property right (sale, pledge, etc.).

However, under the agreement between the plaintiffs and the defendant, property rights may be exercised.

5. If the parties violate the above four terms and conditions of agreement, they may immediately request registration of subdivision, and the parties who violate the agreed terms and conditions shall immediately comply therewith.

E. On May 2, 2011, between the Plaintiffs and the Defendant, there is an agreement on division of inherited property between the following: (a) on May 2, 201, the ownership of net I among the instant land, E-dong building and F-dong building belongs to the Defendant; and (b) the ownership of forest located in the military-ranking