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(영문) 창원지방법원 2015.11.17 2015나32046
소유권이전등기
Text

1. All appeals against the instant principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) and the Defendant (Counterclaim Plaintiff) shall be filed.

2.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The plaintiff alleged that the counterclaim in this case is unlawful because the principal lawsuit and the counterclaim in this case are not related to each other. However, as to the defendant's counterclaim, it is obvious that the plaintiff stated in the record that he/she had stated in the court of first instance on October 16, 2014 that he/she had renounced his/her right to ask questions as to the legitimacy of the counterclaim (see, e.g., Supreme Court Decision 68Da1886, 1887, Nov. 26, 1968). Thus, the plaintiff's counterclaim in this case is lawful, and the plaintiff's counterclaim in this case is not justified.

2. Basic facts

A. E (Death on July 6, 2013) is the father of D (Death on November 2, 2006), and the plaintiff is the deceased E's wife, and the defendant is the deceased D's wife, and the plaintiff and the defendant are the deceased's shot relationship.

B. The Defendant completed the registration of ownership transfer on November 2, 2006 with respect to the land of 1,090 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do due to the inheritance of property through consultation and division on November 2, 2006. On October 26, 2010, the said land was divided into the instant building site and the instant land of 789 square meters in Nam-gun, Chungcheongnam-do.

C. On November 10, 2010, the Plaintiff completed the registration of initial ownership on the real estate listed in the separate sheet constructed on the instant land (hereinafter “instant housing”).

[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 7 through 10, Eul evidence 2 (including provisional number), the purport of the whole pleadings

3. Determination as to the cause of the principal claim

A. Since the Defendant agreed to transfer the ownership of the instant site to the Plaintiff on or around June 2010, the Defendant should implement the registration procedure for transfer of ownership based on the said agreement on the instant site to the Plaintiff.

B. On October 26, 2010, the fact that the instant building site and the instant building site and the instant building site and the instant building site and the instant building site and the instant building site and the instant building site are divided into 789 square meters, which are owned by the Defendant, is as seen earlier.

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