(영문) 창원지방법원 2018.12.14 2017가단116206

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(영문) 창원지방법원 2018.12.14 2017가단116206

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. C died on January 20, 1985, and the Plaintiff jointly succeeded to the shares of 6/22, the Defendant, D, E, and F, each of 4/22 shares.

B. Each real estate listed in the separate sheet was included in C’s inherited property, and the Plaintiff, Defendant, D, E, and F completed the registration of ownership transfer due to inheritance on August 13, 1985 as to their respective shares of inheritance among each real estate listed in the separate sheet.

C. On July 28, 2004, the Defendant completed the registration of ownership transfer by the Changwon District Court No. 65282 on July 21, 2004 as to each share of the Plaintiff, A, D, E, and F among the real estate listed in the separate sheet.

The Kimhae-si completed the registration of ownership transfer on April 17, 2014 as to the real estate listed in attached Table 9 of the attached Table No. 9 on the same day due to the consultation acquisition of the public land on the same day, and the defendant received 255,127,500 won as land price

E. G concluded a sales contract with the Defendant for KRW 170 million on January 6, 2017 and paid the purchase price, and completed the registration of ownership transfer on February 6, 2017.

[Reasons for Recognition] Unsatisfy, Gap 1, 2, 3 (including partial numbers), Eul 2, the fact-finding results on the Kim Sea Market of this Court, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion does not have concluded a donation contract with the Defendant on the Plaintiff’s share out of each real estate indicated in the separate sheet, and there is no fact that the Plaintiff received a certificate of personal seal impression necessary for the registration of transfer of ownership. Therefore, the registration of transfer of ownership in the name of the Defendant

Therefore, the Defendant, among the real estate listed in the separate sheet 1 through 7, implements the procedure for cancellation of ownership transfer registration completed with respect to 6/22 shares owned by the Plaintiff among the real estate listed in the separate sheet 8 and 9, and the amount of KRW 115,943,863 corresponding to the Plaintiff’s shares out of the purchase price of each real estate as stated in the separate sheet

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