(영문) 인천지방법원부천지원 2016.06.29 2015가단11238

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원부천지원 2016.06.29 2015가단11238

소유권이전등기

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On June 30, 2003, the instant house was registered as Defendant B, C, D, E, Nonparty J, Nonparty J, and Defendant D (Death on September 30, 2010) holding each of 1/6 shares, but the shares of J were transferred to Defendant D on July 22, 2009 due to the auction sale on June 30, 2009.

On the other hand, upon the death of the network K, Defendant F, G, H, and I inherited the shares owned by the deceased in proportion to 1/4 of each of their successors.

Accordingly, the status of co-ownership of the defendants' co-ownership shall be attached Form.

2. The entry is as shown in the list;

At present, the instant house is currently possessed by the Plaintiff.

[Grounds for recognition] The descriptions of Gap 1 and 11 and the purport of the whole pleadings

2. The parties' assertion

A. Defendant B, C, D, E, Nonparty J, and Non-Party DK agreed to transfer the ownership of the instant housing to L who newly constructed the instant housing instead of the payment of the construction cost, and L agreed to transfer the ownership of the instant housing to M who is a subcontractor, instead of the payment of the construction cost. M agreed to transfer the ownership of the instant housing to the Plaintiff, a sub-subcontract, instead of the payment of the construction cost.

At the time, the aforementioned Defendants and the Nonparty entered into or approved an accord and satisfaction agreement by delivering documents necessary for the transfer of ownership of the instant housing (such as a registration certificate, certificate of personal seal impression for sale, sales contract, and power of attorney, etc.)

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer of the instant housing on August 1, 2003 to the Plaintiff on the ground of an agreement for payment in kind as of August 1, 2003.

B. According to the Defendants’ assertion-related lawsuit (In Incheon District Court Decision 201Gahap4543), M can only file a claim against some of the Defendants (B and D) for the implementation of the procedure for ownership transfer registration, and the Plaintiff may file a claim against M for the transfer of ownership, but may not seek a direct transfer of ownership against the Defendants.

In addition, the defendant D.

유사 판례

-대법원 1998. 2. 13. 선고 97다43543 판결

-수원지방법원 2019.09.25 2018나12367

-대법원 1999. 12. 24. 선고 99다35393 판결

-인천지방법원부천지원 2016.04.27 2015가단23255 (1)

-서울중앙지방법원 2014.10.02 2012가합77544