(영문) 부산지방법원 2015.04.30 2014가합46825

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2015.04.30 2014가합46825

소유권이전등기말소등기등 이행청구

Text

1. The part concerning the plaintiff's claim against the defendant B and the claim for the cancellation registration of ownership transfer against the defendant C, respectively.

Reasons

1. Basic facts

A. Defendant D received on August 16, 2002 the registration of ownership transfer for one-third portion of the real estate listed in the separate sheet (hereinafter “instant land”) from E on the ground of donation on the same day.

B. The Plaintiff and the Defendants have been disputing for a considerable period of time as to the issue of inherited property of shipbuilding, including the instant land, etc. as the fourth degree of relationship.

C. On December 4, 2009, Defendant D transferred the entire share of 1/3 of the instant land by completing the registration of transfer of ownership on the ground of donation on November 30, 2009, among the instant land, 4/27 shares to Defendant B, 4/27 shares to Defendant C, and 1/27 shares to F.

[Evidence] Facts without dispute, entry of Gap evidence No. 1, purport of the whole pleadings

2. The plaintiff's assertion

A. The instant agreement and the Defendants: (a) Defendant D donated 1/3 shares of the instant land to the Plaintiff, Defendant B, Defendant C, F, and G each of their own shares of 1/15; (b) contributed KRW 80 million in cash to the Plaintiff, Defendant C, F, and G; and (c) appropriated the said five-party share transfer registration cost for the instant land; and (d) the remainder was equally distributed and donated to the said five persons (hereinafter “instant agreement”).

B. However, unlike the instant agreement, Defendant D completed the registration of ownership transfer with respect to shares 4/27 and 1/27 with respect to shares 4/27 and 1/27 to Defendant B and C.

Since Defendant B and C received more share transfer registration than in the instant agreement than 11/135 shares (=4/27 shares - 1/15 shares) than in the instant agreement, the registration of transfer of ownership corresponding to the said shares is invalid.

Therefore, the Plaintiff seeks to cancel the registration of transfer of ownership by subrogationing Defendant B and C of the right to claim for the transfer registration of ownership against Defendant D under the instant agreement on behalf of Defendant D as the preserved bond, with respect to each of the shares 11/135 out of the shares in the instant land.

C. Defendant D’s claim for monetary payment against Defendant C of this case.

유사 판례

-춘천지방법원 2016.04.22 2015나4218

-대구고등법원 2019.11.22 2019나21850

-청주지방법원충주지원 2014.10.02 2014가합3061

-서울남부지방법원 2019.01.18 2017가단228988

-부산지방법원 2014.10.15 2014나1871