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(영문) 의정부지방법원고양지원 2016.12.09 2016가단71849
소유권이전등기
Text

1. The Defendant (Counterclaim Plaintiff) shares 1/2 each of the real estate listed in the separate sheet for the Plaintiff (Counterclaim Defendant).

Reasons

[Seed by the combination of principal lawsuit and counterclaims]

1. Basic facts

A. Each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”) was completed on September 28, 2005 in the name of the defendant under the title of 10204 received on September 29, 2005, for the reason of sale and purchase as of September 28, 2005.

B. After that, on December 12, 2007, the provisional registration of the right to claim transfer of ownership (hereinafter “each of the instant provisional registrations”) was completed by the Chuncheon District Court’s Cheongcheon District Court registry No. 16361, Dec. 12, 2007, which was received as of December 12, 2007, the U.S. as the provisional registration authority for the right to claim transfer of ownership (hereinafter “the instant provisional registration”).

C. Meanwhile, D was divorced in the United States on January 27, 2015, and died on October 4, 2015, and became co-inheritors.

【Ground for Recognition: Each entry in Gap evidence 1, 2, 3, 4, 7, 10, 12 (including branch numbers), and the purport of the whole pleadings, without any dispute

2. Summary of the parties' arguments

A. The plaintiffs (the main office) D paid the purchase price for each of the instant real estate to the Defendant-friendly F, the Defendant-friendly F, and the registration of ownership transfer in the name of the Defendant with respect to each of the instant real estate was completed.

Since the defendant completed provisional registration of this case in lieu of ownership transfer registration of each of the above real estate, the defendant is obligated to implement the procedure for ownership transfer registration based on each of the provisional registration of this case to the plaintiffs who are co-inheritors of D according to their shares in inheritance.

In electively, the Defendant is obligated to implement the procedure for the registration of ownership transfer as to shares of each of the above real estate to each of the plaintiffs, on the following grounds: (a) the agreement made on March 4, 2005, (b) May 13, 201, or (3) October 25, 201 to the effect that the Defendant would accept the registration of ownership transfer as to each of the above real estate.

B. Each of the provisional registrations of this case against the Defendant (Counterclaim) is with the Defendant.

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