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(영문) 서울고등법원 2016.03.17 2015나2058882
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The party status of the instant case was deceased on December 30, 2005, the Plaintiff, I, and the Defendant, who are the spouse’s H and children, are the Plaintiff, I, and the Defendant, who are the spouse of the deceased. The deceased’s heir is the Plaintiff, I, and the Defendant, the spouse of the deceased. The deceased’s heir is the Plaintiff, the Plaintiff, and the Defendant.

B. The registration transfer and division of the instant case 1, 2, 3, 4, 5, 8, 9, 10, 11, 10, and 1,66 square meters prior to Ansan-si C, and the registration transfer of ownership in the Defendant’s name due to the inheritance due to an agreement division as of July 4, 2012, No. 2693, which was received on December 30, 2005, and No. 1,045 square meters prior to Ansan-si and 426 square meters prior to F. (hereinafter “instant J land”).

(2) On July 4, 2005, the registration of ownership transfer was completed in the name of I as of July 4, 2005, No. 2694, and December 30, 2005 due to the inheritance due to the division by agreement as of December 30, 2005. (2) The size of 1,507 square meters and the size of 1,666 square meters prior to Ansan City was 3,173 square meters prior to Ansan-si, after the merger on September 5, 2013, and was divided into 6,7 and 295 square meters prior to K on October 4, 2013.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Plaintiff’s assertion and judgment thereon

A. After the death of the deceased, the inheritor agreed on the division of inherited property to own each land of this case as owned by the Plaintiff.

However, in the event that the Plaintiff bears a large amount of debt and completes the registration of transfer of ownership under the name of the Plaintiff for each of the instant lands, the Plaintiff completed the registration of transfer of ownership under the name of the Defendant due to concerns over compulsory execution against each of the instant lands

Therefore, the Defendant, who is the true owner of each of the instant lands, is based on the restoration of authentic names with respect to each of the instant lands.

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