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(영문) 서울중앙지방법원 2015.11.12 2014가단5268878
소유권이전등기
Text

1. The defendant on October 15, 1994 with respect to 1/6 shares of each of the buildings listed in the separate sheet to the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and the defendant shall be his father D and mother E.

B. D was killed on March 13, 1985, and inherited property, and there was a 1/2 equity share (hereinafter “G land”), out of 497.2 square meters in Gangdong-gu Seoul, Gangdong-gu Seoul (hereinafter “F land”), Seocho-gu, Seoul H large 198 square meters (hereinafter “H land”) and a 198 square meters on its ground. However, on July 18, 1988, as the Plaintiffs, the Defendant, and other inheritors agreed to jointly own F land, G land, and H land and the Defendant three co-ownership, each of the above three land was registered for inheritance by consultation division on March 13, 1985.

C. After that, unregistered buildings on H’s land were removed under the direction of I, the plaintiffs and the defendant, and the building with the plaintiffs and the defendant as joint owners was newly constructed on July 1994 (hereinafter “instant building”). D.

On October 15, 1994, the plaintiffs and the defendant agreed on the division of F land with the purport that the defendant alone owns and G land and H land share 1/2 shares.

The Defendant entered into a contract to sell F land to a third party in order to raise the husband’s business funds, and the Plaintiffs and the Defendant transferred their shares directly to the buyer according to the above consultation, and the Defendant received the full amount of the purchase price.

E. After that, there has been continuous registration of sharing of the plaintiffs and three defendants with respect to H land. However, on August 2, 2013, the defendant's 1/3 shares were transferred to each of the plaintiffs on August 2, 2013 by the judgment (Seoul Central District Court Decision 2012Gahap106572 Decided March 29, 2013). The building of this case on the ground remains in a state of non-registration. Upon the plaintiffs' subrogation application on August 4, 2014, the building of this case remains in a state of non-registration.

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