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(영문) 대전지방법원 서산지원 2018.03.21 2017가단51179
소유권이전등기
Text

1. Of the instant lawsuit, the portion of the claim regarding the 5,6 real estate listed in the separate sheet shall be dismissed.

2. The lawsuit of this case is pending.

Reasons

1. Basic facts

A. C died on April 23, 1985, and the Plaintiff, his property, who is a father of C’s South-North net D (Death on October 5, 1954), succeeded to inheritance by substitute, and the Defendant, who is the husband of C, inherited the property.

B. Each of the instant real estate was owned by C. However, on May 2, 1974, the Defendant completed the registration of ownership transfer on January 28, 1983 due to the sale and purchase on November 15, 1974. As to the instant 5 and 6 real estate, the Defendant completed the registration of ownership transfer on April 23, 1985 on August 25, 1993.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 and 3 (including virtual number), the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff’s assertion C, as a person of distinguished service to the State (bereaved family members), sold real estate in the instant case 1 through 4 to E for the purpose of obtaining a loan from the Khoho Lake for purchasing farmland, and had the registration of ownership transfer on May 2, 1974 for real estate of this case 1 through 4.

However, even though the Defendant did not purchase the instant 1 or 4 real estate from E, the Defendant completed the registration of ownership transfer on January 28, 1983 with respect to the instant 1 or 4 real estate due to sale on November 15, 1974.

Meanwhile, even though the Plaintiff and the Defendant jointly inherited the instant 5 and 6 real estate, the Defendant completed the registration of ownership transfer in the future of the Defendant, as if they were to have independently inherited the instant 5

Therefore, since the ownership transfer registration under the name of the defendant with respect to each real estate of this case is invalid, the defendant is obligated to implement the ownership transfer registration procedure with respect to 1/2 of the plaintiff's inheritance shares among each real estate of this case to the plaintiff

B. (1) In the event that the registration of ownership transfer is completed with respect to the real estate in this case 1 through 4, the nominal owner of the registration shall be not only against the third party, but also against the former owner.

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