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(영문) 창원지방법원밀양지원 2016.07.12 2015가단10501
소유권이전등기
Text

1. As to the portion of 6/20 shares to Plaintiff A among each real estate listed in the separate sheet, the Defendant shall make 4/20 each of them to Plaintiff D and E.

Reasons

Plaintiff

The real estate stated in the separate list of claims A, D, and E was owned by Nonparty G, and the Plaintiffs, Defendant, Nonparty C, and D jointly inherited due to the death of G.

At the time, the inheritance shares of Plaintiffs A, B, Nonparty C, Plaintiff D, and E respectively were 4/20, and Defendant 6/20, respectively, but they transferred all their inheritance shares to the Plaintiff.

On the other hand, the defendant completed the registration of preservation of ownership or the registration of transfer of ownership of each real estate listed in the separate sheet based on false letter of guarantee and written confirmation.

Therefore, with respect to Plaintiff A’s share 6/20, Plaintiff D and E seek implementation of the ownership transfer registration procedure for the restoration of authentic names against the Defendant with respect to their respective share 4/20 shares.

Article 208(3)3 of the Civil Procedure Act (Article 208(3) of the Civil Procedure Act) of the applicable law by public notice (Article 208(3)3), with respect to each real estate listed in the separate sheet of judgment as to the claims of plaintiffs B and C, the plaintiffs B filed for the registration of ownership transfer for the restoration of authentic title with the defendant's share of 1/20, and the plaintiff C's share of 4/20. However, according to the evidence No. 3, the plaintiffs B and C transferred all of the above shares of the lawsuit of this case to

Therefore, the claim against the defendant of the plaintiff A, D, and E is justified, and all of them are accepted, and the claim against the defendant of the plaintiff B, and C is dismissed as it is without merit. It is so decided as per Disposition.

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