logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.12.19 2019가합1250
소유권말소등기
Text

1. Defendant (Counterclaim Plaintiff) D:

A. From March 5, 2019 to KRW 111,10,000 from Plaintiff (Counterclaim Defendant) and its related thereto.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) is the deceased’s child born between the deceased and his former wife before the marriage around 1999, and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is the child of Defendant E born between Defendant E and his former husband before the marriage.

B. On June 8, 2013, the Deceased died. Accordingly, the Plaintiffs, who are the deceased’s children, jointly inherited each real estate listed in the separate sheet, which is the deceased’s property (hereinafter “instant real estate”) at the respective ratios of 2/9, and 3/9, Defendant E, who is the deceased’s spouse, jointly inherited each of the said real estate (hereinafter “each of the instant real estate”). On November 28, 2013, the ownership transfer registration was completed between the Plaintiffs and Defendant E regarding each of the instant real estate’s respective inheritance shares.

C. On January 23, 2015 and June 1, 2015, Defendant E completed the registration of ownership transfer based on the sale as of December 22, 2014 and May 31, 2015, with respect to the 3/9 shares, which are one’s own inheritance shares, among each of the instant real estate.

Defendant E, around April 2015, entered into a sales contract with Plaintiff A and B to purchase each of the above Plaintiffs’ share of KRW 2/9 of the instant real estate from the aforementioned Plaintiffs in KRW 111,100,000, respectively, and Defendant D specified Defendant D as a purchaser.

(hereinafter “each of the instant sales contracts”). (e)

Plaintiff

A and B received the full amount of KRW 111,10,000 for each purchase price from Defendant E during the period from the date of conclusion of each of the instant sales contracts to August 2015. On September 24, 2015, the registration of ownership transfer for each of the instant real estate 2/9 shares was completed in Defendant D on the grounds of sale.

(f) At present, Defendant E occupies the real estate Nos. 3 and 5 of this case and resides in the said real estate.

arrow