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(영문) 인천지방법원 2019.07.23 2018나61904

소유권이전등기

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1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim corresponding to the above revocation part.

Reasons

1. Basic facts

A. The plaintiff is a child of C, D is a dead-law relationship with the plaintiff, and the defendant is a spouse of D.

B. C completed registration of ownership preservation on each real estate listed in the separate sheet in around 1965 (hereinafter collectively referred to as “instant real estate”), and sold the instant real estate in KRW 1.2 million to D on December 20, 1976.

(hereinafter “instant sales contract”). C.

C Around July 25, 1978, the Plaintiff died, and D, on April 8, 1994, completed the registration of ownership transfer for the instant real estate on the ground of sale as of December 20, 1976 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 4775, hereinafter “Special Measures Act”) (hereinafter “the instant registration of ownership transfer”) in accordance with the said registration, after receiving a guarantee from three other parties, including E, to verify the instant registration of ownership (hereinafter “the instant registration of ownership transfer”) on January 26, 1995.

D A. Around May 1, 2013, the Defendant died, and the Defendant completed the registration of ownership transfer based on inheritance due to a consultation and division made on August 21, 2013 on the instant real estate on August 21, 2013.

E. On July 1, 2016, the Defendant sold real estate in KRW 56 million to G, and completed the registration of ownership transfer in the name of G on July 19, 2016, regarding real estate under paragraph (3) of this Article.

F. On the other hand, the real estate of Paragraph 1 is buried in C, the parent of the plaintiff, with the permission of D.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4 (including each number in the case of additional number) and the purport of the whole pleadings

2. The Plaintiff’s assertion D did not pay KRW 400,000 out of the purchase price of the instant real estate from C after purchasing the instant real estate from C, and expressed to the Plaintiff before the purchase that “one-third of the instant real estate is still owned by the Plaintiff.” Of the instant real estate, one-third of the shares is one-third of the instant real estate.