(영문) 청주지방법원 제천지원 2018.10.10 2017가단21707

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(영문) 청주지방법원 제천지원 2018.10.10 2017가단21707

소유권이전등기

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1. Defendant C shall register each of the respective shares of 1/10 of the real estate listed in the separate sheet No. 1 to the Plaintiffs.

Reasons

1. Facts of recognition;

A.F died on April 12, 2002

The plaintiffs and the defendants are the successors of F, each share of inheritance of F is 1/5.

B.F owned real estate listed in Appendix 1, 2, and 3 at the time of death.

C. On September 14, 2015, a written agreement on division of inherited property (hereinafter “instant written agreement on division”) was prepared, stating that “Defendant C and D own each share of 1/2, the real estate listed in the separate sheet No. 2, the real estate listed in the separate sheet No. 3, the Defendant E owns the real estate listed in the separate sheet No. 3, and the Plaintiffs would not receive inherited property.”

The written agreement of this case contains the seals affixed by the plaintiffs and the defendants. D.

Defendant C and D completed the registration of ownership transfer based on inheritance by agreement division with respect to 1/2 shares of each of the real estate listed in attached Tables 1 through 4 on September 25, 2015, and the registration of ownership preservation for 1/2 shares of each of the real estate listed in attached Tables 1 and 1 List 5.

D has completed the registration of ownership transfer on September 25, 2015 on the real estate listed in attached Table 2 list due to a consultation division.

E completes the registration of ownership transfer on September 25, 2015, for real estate listed in attached Form 3 list, due to a consultation division.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 17, Eul evidence 1 (including each number with a tentative number)

2. The judgment of the plaintiffs as to the claim against the defendant C was prepared against the plaintiffs' will, and the part corresponding to the plaintiffs' share of inheritance among the registration of ownership transfer in the name of the defendant C with respect to the real estate listed in the separate sheet No. 1 is null and void, and the part was inherited by the plaintiffs

Therefore, Defendant C has the procedure for the registration of ownership transfer for the restoration of the true registration name with respect to shares of 1/10 (Defendant C’s shares 1/2 x the plaintiffs’ shares 1/5) among the real estate listed in the separate sheet No. 1 list.

유사 판례

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