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(영문) 전주지방법원 2017.05.11 2016나8605
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The Defendants are 12/4,921 of each real estate listed in the separate sheet No. 1 list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendants’ father, E are owners of 30/1,295 shares out of each real estate listed in the separate sheet No. 1, 30/925 shares out of the real estate listed in the separate sheet No. 2, and 30/1,110 shares out of each real estate listed in the separate sheet No. 3 (hereinafter “each real estate share”).

B. Around December 2005, E donated each of the instant real estate shares to the Plaintiff.

C. On December 19, 2005, E died, and on September 15, 2015, the Plaintiff, Defendants, P, Q, and R, the wife and children of E, the Plaintiff, the Defendants, P, Q, and R, completed the share transfer registration in accordance with the following table, according to their inheritance ratio.

The real estate wife O, the Defendants, P, Q, and R Attached 1 list 30/12/12/4,921 each of the real estate listed in the Attached Table 2 list 30/3,515 / 3,515 each of the real estate listed in the Attached Table 2 list 30/3,515 / 703 each of the real estate listed in the Attached Table 3 list 5/703

D. On November 18, 2015, theO completed a share transfer registration on November 11, 2015 with respect to each real estate portion inherited from E to the Plaintiff.

[Reasons for Recognition] Evidence A(including the number of pages) 1 through 9, W of the witness of the trial court, the purpose of the whole pleadings

2. According to the facts of the above recognition, E was obligated to implement the procedure for ownership transfer registration for the gift of this case to the Plaintiff on or around December 2005, and the Defendants, the inheritor, due to E’s death, comprehensively succeeded to E’s above ownership transfer registration duty to the Plaintiff. Thus, the Defendants are obligated to implement the procedure for ownership transfer registration for each of the real estate listed in the separate sheet No. 12/4,921 among the real estate listed in the separate sheet No. 2 list to the Plaintiff, with respect to each of the real estate listed in the separate sheet No. 2 list No. 12/3,515, with respect to each of the real estate listed in the separate sheet No. 2 list No. 2/703, and with respect to each of the real estate listed in

3. The plaintiff's claim of this case against the defendants is justified, and the judgment of the court of first instance is accepted.

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