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(영문) 의정부지방법원 2016.10.06 2015가단44632
재산상속회복에 의한 소유권이전등기청구
Text

1. The defendant is on the ground of an agreement made on September 6, 2006 with respect to 1/6 shares of different 1,894 square meters among the 1,894 square meters prior to Ischeon-si D.

Reasons

1. Facts of recognition;

A. The relationship between the parties 1) E is not a 1,894 square meters prior to Ischeon-si D (hereinafter “instant real estate”).

(2) The deceased’s children, F, G, A, B, Defendant C, and H, who owned and died on January 7, 200 and died on March 5, 1980, were deceased on March 5, 1980.

B. The defendant, who made a registration of transfer of ownership in the name of the defendant on June 14, 2005, completed the registration of transfer of ownership in the name of the defendant on the ground of inheritance by a division made on March 5, 1980.

C. Meanwhile, on September 6, 2006, the Plaintiffs, the deceased’s heir, and the Defendant, who agreed on the share of the instant real estate. On September 6, 2006, the Plaintiffs have the right to claim for share transfer registration with respect to each one-six share of the instant real estate, and upon the Plaintiffs’ request, they agreed to transfer each share of the instant real estate in the name of the Plaintiffs.

On August 25, 2016, the defendant was present at the date of pleading on August 25, 2016, and stated that he consented to the plaintiffs to make a transfer of equity on September 6, 2006 with respect to each one-six portion of the real estate in this case.

(See Defendant’s preparatory document dated August 23, 2016). . [Attachment to Defendant’s preparatory document] without dispute, Gap’s evidence 1 through 3, Gap’s evidence 4-1 through 3, Gap’s evidence 5-1, 2, Eul’s evidence 1 through 3, Eul’s evidence 4-1 through 4-3, the purport of the whole pleadings, and substantial facts in this court.

2. According to the facts of the above recognition, the defendant is obligated to make each share transfer registration on the ground of the agreement dated September 6, 2006 with respect to each one-six share of the real estate of this case to the plaintiffs.

3. In conclusion, the plaintiffs' claims are justified, and all of them are accepted. It is so decided as per Disposition.

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