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(영문) 대전지방법원서산지원 2017.07.12 2016가단7991
소유권이전등기
Text

1. Defendant C shall have the respective share of 2/24 square meters among the 600 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Reasons

1. As to Defendant C

A. (1) The instant land was owned by the net G. However, G succeeded to G’s property on January 20, 1979, after G died on January 20, 1979, its wife B (the inheritance shares of 9/24), Defendant C (the inheritance shares of 6/24), Hanam [the inheritance shares of 9/24, but the adjudication of disappearance on December 11, 200 on December 11, 200 for H (the expiration of the period of disappearance of 9/24, July 22, 1998).

(2) On April 29, 2005, the Plaintiff and the remaining designated parties purchased the Defendant C’s 6/24 shares of the instant land from Defendant C.

(b) Article 208(3)2 of the Civil Procedure Act (Voluntary Confession Judgment)

2. As to Defendant B, the Plaintiff, as the cause of claim against Defendant B, and the Plaintiff and the remaining designated parties, on April 29, 2005, concluded a sales contract with Defendant C, representing the inheritors of G, setting the sales price of the instant land as KRW 6,352,50, and paid the sales price in full to Defendant C, Defendant B asserts that the Plaintiff and the remaining designated parties are liable for the registration of ownership transfer as to the shares of Defendant B 18/24 out of the instant land.

Since there is no evidence to acknowledge that Defendant C has the authority to act on behalf of Defendant B regarding the sales contract of Defendant B’s share among the land of this case, the Plaintiff’s above assertion cannot be accepted.

3. If so, the plaintiff's claim against the defendant C is justified, and the claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.

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