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(영문) 서울동부지방법원 2016.02.16 2014가합105927
지분이전등기
Text

1. All of the plaintiffs' primary claims are dismissed.

2. The part of the conjunctive claim in the instant lawsuit is dismissed.

3...

Reasons

1. On September 2, 2015, the Plaintiffs filed an application for modification of the claim and the cause of the claim, which added the conjunctive claim as stated in the aforementioned conjunctive claim. On October 26, 2015, the court issued an order to order the Plaintiffs to pay additional stamps within seven (7) days from the date of delivery of the order pursuant to Article 254 of the Civil Procedure Act. The facts that the Plaintiffs were served with the above order of correction and did not correct additional stamps within the above period are apparent in the record.

Therefore, the conjunctive claim part of the instant lawsuit is unlawful.

2. Basic facts

A. On March 14, 1970, Nonparty E purchased the land listed in Appendix No. 1 (hereinafter “instant land”) and completed the registration of ownership transfer, and newly constructed the buildings listed in Appendix No. 2 (hereinafter “instant building”) and the buildings listed in Appendix No. 3 (hereinafter “Attachment No. 2”) on the instant land after completing the registration of ownership transfer, and completed each registration of ownership preservation on April 7, 1971.

B. Of the instant building No. 2 and the instant land, the ownership transfer registration was completed on September 28, 1973 to Nonparty F, Nonparty G on May 3, 1976, Nonparty H on September 6, 1977, and Nonparty I on March 9, 1978.

On March 29, 2004, the defendant completed the registration of ownership transfer due to inheritance by consultation and division on June 10, 2003 with respect to the building No. 2 and the shares No. 2 of this case on March 29, 2004.

C. Of the instant building No. 1 and the instant land, the 32/72 shares of E (hereinafter “instant shares”) inherited on Oct. 12, 1987, as E died on Oct. 12, 198, the ownership transfer registration was completed in the name of Non-Party deceased K on May 26, 1990.

On June 5, 2014, the Plaintiffs were due to the death of the deceased K, and due to the inheritance by consultation and division on April 2, 2013 with respect to each of the shares of 1/3 out of the building No. 1 of this case and the shares No. 1 of this case.

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