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(영문) 서울동부지방법원 2020.06.23 2019가단120979
소유권이전등기
Text

1. The plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. He married with the J on January 25, 1971 after I died. The Plaintiffs are children of H and I, Defendant F and G are children of H and J, and Defendant E are children of J and their former spouse.

B. The real estate listed in the separate sheet Nos. 1, 2, and 3 (hereinafter “real estate Nos. 1, 2, and 3”) had completed the ownership transfer registration on March 10, 1965 at H as of February 18, 1994 due to the donation on February 10, 1983, the ownership transfer registration was completed at the JJ, the wife of H, and the real estate Nos. 4, 5 had been completed on November 6, 2009 due to the sale on November 4, 2009.

C. Meanwhile, H died on October 27, 201, and the J died on October 29, 2018, and the Defendants are co-inheritors of J.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5, 6, 7, 17, 18, 32, and the purport of the whole pleadings

2. The Plaintiffs and the Defendants agreed to register the ownership transfer of each of the instant real estate in the name of the deceased J on December 16, 2018, 49 following the deceased J’s death. Even if the Plaintiffs and the Defendants jointly managed each of the instant real estate, they are merely the heir of the deceased J and did not follow the procedure for the registration of ownership transfer under the above agreement, and thus, they cannot be allowed as an abuse of rights.

3. The reasoning of the judgment is insufficient to acknowledge that there was an agreement between the plaintiffs and the defendants to register the ownership transfer of each of the real estate of this case by 1/7 shares. In addition, there is no other evidence to acknowledge that there is no other agreement between the plaintiffs and the defendants, and the defendants, the plaintiffs and the children of the network J, who are children of the deceased I for several years after the deceased of the network H, as well as the children of the deceased and the network J.

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