(영문) 부산지방법원 2019.07.03 2017가단3099

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Reasons

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자간(%)

(영문) 부산지방법원 2019.07.03 2017가단3099

손해배상(기)등

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts recognized;

A. H (Death on December 18, 1989) and I (Death on January 24, 2002) have J, K, Defendant B, Defendant C, and Defendant D as the wife’s heir of the South Korean J (Death on February 26, 1985), and there is Defendant E, Defendant F, and Defendant G as the wife’s heir of the South Korean K.

B. The real estate listed in paragraph 1 of the attached list of real estate is subject to registration of ownership transfer in the name of the deceased H until now.

C. On November 17, 2011, the real estate listed in paragraph 3 of the attached list of real estate was registered for ownership transfer in the name of the network H, and on November 17, 201, the registration of co-ownership transfer was completed due to each inheritance in the future L, Plaintiffs, M, N, Defendant E, Defendant F, Defendant G, Defendant B, Defendant C, and Defendant D.

After that, the above Plaintiff’s share was registered for ownership transfer on January 17, 2014, and the remaining co-owners’ share was also completed on December 9, 2014 and May 28, 2018.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 20, 21, 24-2, 28, 29-2, Eul evidence No. 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The gist of the Plaintiff’s assertion 1) The Plaintiff and the Defendants agreed on the division of inherited property between the Plaintiff and the Defendants to transfer the ownership of the real estate listed in the attached Table No. 1 to the Plaintiff. Accordingly, the Defendants are obligated to implement the procedure for the registration of transfer of ownership of the said real estate. 2) The Defendants agreed on the compensation for the real estate listed in the attached Table No. 2 of the real estate list (the Plaintiff indicated the number in the attached Form No. 2, but the Plaintiff appears to be the error in the R, and thus the Plaintiff could not receive the compensation because they failed to cooperate intentionally in the receipt procedure, so the Defendants are liable to pay the Plaintiff the compensation equivalent to the compensation.

3. Defendant 3’s real estate listed in [Attachment 3] list of real estate owned by the Plaintiff.

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