(영문) 광주지방법원 해남지원 2017.03.14 2016가단20869

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(영문) 광주지방법원 해남지원 2017.03.14 2016가단20869

소유권이전등기

Text

1. All of the plaintiffs' lawsuits against the defendants are dismissed.

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

Reasons

1. Circumstances leading to the dispute of this case;

A. The Plaintiffs and Defendant G are children of I and J.

B. The instant real estate was owned by I, and I died on January 20, 1993, and J, Plaintiffs, and Defendant G succeeded to I.

On the other hand, the J died on December 19, 2015, and the plaintiffs and defendant G succeeded to J.

C. As to the real estate listed in paragraph (1) of the separate list among the instant real estate, the registration of ownership transfer was completed pursuant to the former Act on Special Measures for the Registration, etc. of Transfer of Ownership of Real Estate (Act No. 4502 of Nov. 30, 1992, and the invalidation thereof) as to the real estate listed in paragraph (2) of the separate list No. 9884 of the Gwangju District Court's receipt of support from the Gwangju District Court on Mar. 24, 1995, and as to the real estate listed in paragraph (2) of the same list No. 9886 of the same date on Nov. 25, 198, due to the inheritance as of Nov. 30, 1995, the registration of ownership transfer was completed in the future by the receipt of the same court on Apr. 17, 2008 (hereinafter "sale due to voluntary auction on Mar. 18, 2008").

(hereinafter referred to as “registration of transfer of second ownership of this case”). [Grounds for recognition] The fact that there is no dispute, each entry of Gap evidence Nos. 1 through 5 (including each number), the purport of the whole pleadings.

2. The parties' assertion

A. As to the real estate of this case, the registration of transfer of the first ownership of this case, which was completed in the future of defendant G, should be cancelled because not only the date on which the cause of the inheritance was the date of the commencement of the inheritance but also the date on which the heir did not reach an agreement on the division of inherited property that the defendant G would inherit the real estate solely among the inheritors, was completed without any legal cause. Accordingly, the registration of transfer of the second ownership of this case, which was completed in the future of

The Plaintiffs who inherited 102/119 shares, excluding 17/119 shares of Defendant G, among the instant real estate, shall be the Defendants.

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-부동산소유권 이전등기 등에 관한 특별조치법

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