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(영문) 대구지방법원 2016.04.07 2015나10095
소유권이전등기
Text

1. Revocation of a judgment of the first instance;

2. The Defendants share 1/24 of each of the area of 2,757 square meters in Gyeong-gun, Seongbuk-gun, Seongbuk-do.

Reasons

1. Basic facts

A. The Plaintiff and the Plaintiff’s siblings G, H, and I (hereinafter “Plaintiff’s siblings”) are the birth of the network F (hereinafter “the deceased”) that died on September 23, 2014, and the Defendants are the children of the deceased.

B. The deceased and the non-party J owned 1/2 shares each of the two shares. The entire shares of the deceased (hereinafter “instant shares”) were transferred to three Defendants on December 10, 2014 due to the inheritance by agreement division, and one-six shares were transferred to each of the Defendants in the name of the Defendants.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

가. 원고의 주장 원고와 원고의 형제들은 G의 처인 K가 사망하자 그 묫자리를 마련하기 위하여 2004. 1. 25. 큰형인 망인으로부터 이 사건 지분을 매매대금 1,600만 원에 공동매수하였고, 그 무렵 망인에게 위 매매대금을 모두 지급하였다.

Therefore, the Defendants, the deceased’s inheritors, are obligated to implement each procedure for the registration of ownership transfer with respect to 1/4 of the shares owned by the Defendants among the instant land.

B. The Plaintiff and the Plaintiff’s siblings did not purchase the instant shares from the Deceased.

3. In full view of the following circumstances acknowledged by the overall purport of Gap evidence Nos. 3 through 11 and the video, the witness L, and M’s testimony and pleading, it is reasonable to view that the plaintiff and the plaintiff’s siblings jointly purchased the shares of this case from the deceased on January 25, 2004, and contrary thereto, the part of Eul evidence Nos. 1 is insufficient to reverse the above recognition.

① At the time of death of K around January 25, 2004, both the Plaintiff and the Plaintiff’s siblings are larger.

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