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(영문) 서울동부지방법원 2019.05.22 2018나26965

소유권이전등기

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The Plaintiff, the Defendants, and the Defendant G of the first instance trial who died on January 18, 1997 and I’s children died on August 30, 2005.

B. The registration of ownership transfer was completed on December 3, 2002 in the name of K Co., Ltd. (hereinafter “K”), the contractor, upon the subrogation of K Co., Ltd. (hereinafter “K”), and on August 18, 2004, on the ground of inheritance on January 18, 2004, the registration of ownership transfer was completed under the name of I, the Plaintiff, the Defendants, the Defendant, the Defendant of the first instance trial, the Defendant of the first instance trial, and the heir of J, according to each statutory inheritance share ratio. On August 30, 2006 due to the death of I, the registration of ownership transfer was completed on August 30, 2006 under the name of the Plaintiff, the Defendants, the Defendant of the first instance trial, the Defendant G, and the J court.

C. In around 2002, the Defendants received a written agreement on division of inherited property from the Plaintiff, and delivered each signature and seal to the Plaintiff in the heir indication column, and the above written agreement (hereinafter “instant agreement”) contains a disturbance in the inheritance subject matter, and no specific content of the inheritance agreement is written, and the signature and seal of J, the Plaintiff and the inheritor, the heir of the network H, is omitted.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 to 8, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the Plaintiff’s assertion and the Defendant G of the first instance trial agreed on September 4, 2002 that the instant apartment, which is the deceased H’s inherited property, shall be owned solely by the Plaintiff. As such, the Defendants shall implement the procedure for the registration of ownership transfer to the Plaintiff regarding each of the co-ownership shares of the instant apartment registered in the name of the Defendants on the ground of the agreement on the division of inherited property.

B. The summary of the Defendants’ assertion is that the Defendants signed and sealed the instant agreement in blank to the Plaintiff, but is related thereto.