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(영문) 서울동부지방법원 2021.03.09 2019가단20451
소유권이전등기
Text

The defendant succeeds to the plaintiff with respect to the share 2/55 out of 357 square meters in Gyeong-gun, Dong-gun, Dong-gun, Dong-gun.

Reasons

1. Facts of recognition;

A. On February 20, 1984, with respect to the land of 357 square meters in Gyeong-gun, Chungcheongnam-gun, Gyeong-gun (hereinafter “instant land”), the ownership was transferred on October 15, 1969 to the previous registration date on October 15, 1969.

B. D A deceased on July 4, 1987, and at the time, there were children E, F, G, H, and Plaintiff as bereaved family members.

On January 21, 2013, E, F, G, H, and Plaintiff agreed on the division of inherited property (hereinafter “instant agreement on division of inherited property”) with the content that the instant land is owned solely by the Plaintiff.

(c)

E died on July 25, 2017, and at the time, there were wife I, Defendant J, K, and L as bereaved family members.

(d)

As E, who is a party to the agreement on the division of the inherited property of this case, dies before the completion of the inheritance registration by division, the Plaintiff sought the registration procedure for the transfer of ownership of each of the instant land among the instant land against Defendant, I, J, K, and L, who is the heir of F, G, H, and E as the party to the agreement on the division of the inherited property of this case, and the decision on the recommendation for reconciliation to implement the registration procedure for the transfer of ownership of each of the instant land between the Plaintiff and F, G, H, I, J, K, and L became final and conclusive.

The defendant was unable to serve the ruling on the recommendation for reconciliation.

[Ground for recognition] Unsatisfy, Gap evidence Nos. 1, 9, and 10, and the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendant is obligated to complete the registration procedure for the transfer of ownership due to inheritance by division as to 2/55 (the deceased E’s inheritance shares x 2/111) of the instant land among the instant land.

3. The plaintiff's claim for the conclusion is justified, and this is accepted.

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