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(영문) 의정부지방법원 2016.06.21 2015가단4917
소유권이전등기
Text

1. The plaintiffs' respective claims against the defendants are dismissed in entirety.

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

Reasons

1. Basic facts

A. The registration of initial ownership was completed on July 9, 1963 under the name of the deceased (the deceased on January 13, 1974), and on July 8, 2009, with respect to shares 22/30 of each of the instant real estate due to inheritance on July 13, 2009, under the name of Defendant N, with respect to shares 12/30 of shares in Q, R and E, under the name of F, E, and 4/30 of shares in P, with respect to shares 12/30 of shares in Q, T, U, and I, L, and 11/30 shares in each of the instant real estate, each ownership transfer registration was completed under the name of Defendant K, J, and the Defendants held shares in each of the instant real estate listed in the separate list 2 of the instant real estate.

B. The Plaintiffs are co-inheritorss with children of net V (Death on August 23, 2002).

C. The net W (Death on June 6, 2007) is the south of the networkO. P is the wife of the networkW, and Q, R and Defendant F and E are the children of the networkW, and are the co-inheritors of the networkW.

S, T, U, and net W and Defendant N, K, J, I, and L are co-inheritorss of the networkO.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the plaintiffs' assertion

A. The primary claim net W was delegated by the Defendants, who are the other inheritors of the networkO, to sell each of the instant real estate to the networkV on January 7, 1995.

Even if the net W did not have been delegated with the authority to sell the instant real estate by the Defendants, as the head of the netO at the time of the said sales contract, was in charge of managing each of the instant real estate. As such, there was a justifiable reason to believe that the netW had the authority to sell each of the instant real estate to the net V. Accordingly, the Defendants are liable to act as an expression agent under Article 126 of the Civil Act.

Therefore, the Defendants are obligated to implement the registration procedure for transfer of ownership on the ground of sale as of January 7, 1995 with respect to each share listed in the separate sheet No. 2 of the instant real estate as of January 7, 1995.

(b) preliminary.

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