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(영문) 울산지방법원 2020.10.14 2020가단103046
가등기에 기한 본등기절차이행의 소
Text

1. The plaintiff (Counterclaim defendant) is about the share of 2.78/56 out of each real estate listed in the separate sheet No. 1 list to the defendant (Counterclaim plaintiff).

Reasons

1. Basic facts

A. The Defendants’ mother-friendly D, from July 7, 2005 to December 14, 2005, purchased and sold certain shares of each of the real estate listed in the separate sheet No. 1 (hereinafter “each of the instant real estate”) and finally completed the registration of ownership transfer as to each of the instant shares (hereinafter “each of the instant shares”).

B. On March 28, 2006, the Plaintiff completed the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) on the ground of the pre-sale agreement made on March 27, 2006 with the Ulsan District Court No. 28460, Mar. 28, 2006, which was received on March 28, 2006 as to the share of 2.78/56 among the shares in this case in the name of D from D.

C. D (hereinafter “the deceased”) died on August 9, 2015, and the Defendants inherited 1/2 shares out of each of the instant shares and completed the registration of ownership transfer on February 4, 2016 on the grounds of inheritance by agreement and division as to 5.285/56 shares out of each of the instant shares.

[Judgment of the court below] The ground for recognition is without a dispute, Gap 2 (including a provisional number), the purport of the whole pleadings.

2. Determination on the main claim

A. The gist of the Plaintiff’s assertion is that the Plaintiff and the Deceased jointly purchased each real estate of this case and E Forest, etc. at the time of racing, and agreed to jointly purchase the purchase price, divide it, or transfer the purchase price corresponding to the purchase price, and thereafter, the Plaintiff completed the registration of ownership transfer under the name of the Deceased, and other racing and forest under the name of the Plaintiff, and the Plaintiff completed the registration of ownership transfer for each of the shares in the name of the Deceased, and the Plaintiff completed the provisional registration for each of the shares in the name of the Deceased.

After that, on February 21, 2013, the Plaintiff sold the forest and field of racing and divided one half of the purchase price with the deceased, and exercised the right to complete the purchase and sale reservation on the share of 2.78/56 out of the shares in the name of the deceased.

Therefore, the defendants are entitled to 1.39/56 shares of each of the shares of this case inherited from the deceased to the plaintiff. 2.78.

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