(영문) 서울남부지방법원 2016.02.16 2015가단219515

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(영문) 서울남부지방법원 2016.02.16 2015가단219515

소유권이전등기

Text

1. Each of the plaintiffs' claims is dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. Plaintiffs, Defendants, and E are F and G children.

B. The F died on October 7, 1978 and succeeded to the rights and obligations of G, the Plaintiffs, the Defendants, and the E. F. On June 15, 2014, G died, and the Plaintiffs, the Defendants, and the E inherited the rights and obligations of G.

C. The real estate listed in the separate sheet No. 1 (hereinafter “instant land”) is the land the ownership transfer registration of which was completed in H’s name from H. The transfer registration was completed from G, Defendants, and E’s co-ownership on March 13, 1987 due to the trading on March 11, 1987.

Attached Form

The real estate listed in the list 2 (hereinafter “instant building”) is a building newly constructed on the instant land, and registration of preservation of ownership was completed on September 11, 1987 by G, the Defendants, and E’ sharing.

[Ground for Recognition: Facts without dispute, Gap evidence 1 to Gap 6, Eul evidence 1, Eul evidence 2, purport of whole pleadings]

2. Assertion and determination

A. The plaintiffs' assertion 1) The land of this case is the land that the F made a title trust with the I, and G received a return in the form of sale upon termination of the title trust. It is registered as the co-ownership of G, Defendants, and E among inheritors. G, Defendants, and E's agreement on the division of inherited property is null and void since all inheritors did not participate, and the registration of ownership transfer following the invalid agreement on the division of inherited property is null and void. Since the plaintiffs succeeded to the ownership of the land from F in accordance with their respective inheritance shares, they file for the registration of ownership transfer due to the recovery of authentic names as to the plaintiffs' shares in inheritance among the land of this case. (2) Since the building of this case was constructed by the disposal of the land and the building owned by G, the building of this case was intended to be acquired solely by G, but it was donated to the Defendants and E by completing the preservation registration as the Defendants and E' co-ownership.

Among the buildings of this case, the plaintiffs are entitled to legal reserve of inheritance.

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