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(영문) 대구지방법원 2016.02.02 2015가단40422
소유권이전등기
Text

1. The Defendant’s answer from the Plaintiff to the Cheongbuk-gun, Cheongbuk-do, 327 square meters, D 165 square meters, E large 50 square meters, F 469 square meters, and Cheongbuk-do G.

Reasons

1. The plaintiff and the defendant inherited I's property as his child.

The Plaintiff and the Defendant and the heir of I, as well as the Defendant, agreed to divide the inherited property with respect to the inherited property, the Plaintiff agreed that the Plaintiff owned the land of 1,626 square meters (hereinafter “H real estate”) of Cheongbuk-gun, Cheongbuk-gun, Cheongbuk-do, Cheongbuk-do, 327 square meters, D large scale 165 square meters, E large scale 50 square meters, F Return 469 square meters, G field 1,468 square meters (hereinafter “the remaining real estate of this case”) of Cheongbuk-do, Cheongbuk-do, Cheongbuk-do, and 1,468 square meters, respectively.

However, the number of certified judicial scriveners entrusted with the registration affairs, and H real estate due to inheritance by consultation division on September 12, 2009 under the name of the defendant, and the remaining real estate of this case was registered on December 1, 2014 in the name of the plaintiff, respectively.

Accordingly, on December 8, 2014, the Plaintiff and the Defendant agreed to complete the agreement on the division of inherited property in the form of exchange.

[Ground for recognition] Unsatisfy. 2. Judgment

A. The defendant is also obligated to simultaneously perform the obligation based on the exchange agreement. Since the plaintiff and the defendant are the plaintiff with the intention to exchange the remaining real estate of H real estate of this case, the plaintiff is also obligated to register the transfer of ownership based on the exchange agreement with the defendant as well as with the execution of the procedure for the transfer of ownership of H real estate of this case.

B. 1) The defendant asserts that the delivery of each real estate should be carried out simultaneously. The plaintiff asserts that the delivery of the remaining real estate of this case should also be carried out simultaneously. Since the plaintiff agreed to reside or occupy for three years after the registration of the plaintiff while holding an agreement on the division of inherited property, the plaintiff asserts that there is no obligation to simultaneous performance. 2) Unless special circumstances exist to lend for use, the owner who acquired the ownership of the object.

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