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(영문) 의정부지방법원 2015.11.27 2015나6181
소유권이전등기절차이행
Text

1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) was originally owned D. Since D’s death on February 19, 198, an agreement was concluded on the division of inherited property with the content that E, the heir of D, the defendant, F (ma), the plaintiff A (ma), G (ma), the plaintiff B (ma), H (3), H (ma 3), and I (ma) would jointly inherit each of the instant real estate in proportion to 1/2 shares, respectively.

B. Accordingly, E and F completed on June 2, 1992 the registration of ownership transfer in accordance with their respective ratio of 1/2 with respect to the real estate listed in paragraph 1 of the attached list, and the registration of ownership preservation in accordance with their respective ratio of 1/2 with respect to the real estate listed in paragraph 2 of the same list.

C. However, with respect to the shares above 1/2 of the title E among each of the instant real estate, G completed the ownership transfer registration based on the gift made on June 27, 200 (hereinafter “first registration”) in its own name on July 14, 200. On November 15, 2002, G completed the ownership transfer registration stated in the purport of the claim on the gift made on November 14, 2002 (hereinafter “second registration”).

On the other hand, E died on December 18, 2004.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 (including each number), the purport of the whole pleadings

2. The plaintiffs' assertion and judgment

A. The plaintiffs' assertion that G voluntarily completed the first registration on July 14, 200 with respect to the above 1/2 shares in the title of E among each real estate of this case without permission of E on July 14, 2000, by means of the fact that the health condition, such as suffering from heavy wind, is not good. The first registration in the name of G is the invalidation of the cause, and the second registration in the name of the defendant based thereon is also the invalidation of cause.

Therefore, the Defendant, as the co-inheritors of E, has the duty to cancel the registration of No. 2 with respect to the shares of 6/14 [i.e., shares of 1/2 (i.e. shares of 7/14) in the name of E subject to inheritance - shares of 1/14 (1/2 shares x 1/7) corresponding to the Defendant’s shares in inheritance.

(b) judgment real estate;

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