logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2015.11.26 2015가단100997
소유권이전등기
Text

1. The plaintiff's main claim is dismissed.

2. The defendant 1/4 of each of the real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. C completed the registration of ownership transfer with respect to each real estate listed in the separate sheet on March 9, 1978 (hereinafter “instant real estate”).

B. C died on July 10, 1980, and C’s wife completed the registration of ownership transfer on July 15, 1980 as to the instant real estate (hereinafter “D’s registration”).

C. On June 14, 1989, the Defendant completed the registration of ownership transfer on the ground of sale on May 20, 1989 (hereinafter “registration in the name of the Defendant”) with the Seoul Northern Northern District Court’s receipt of the Dongdaemun District Court Registry No. 4229, supra.

D died on January 17, 2014, and the Plaintiff and the Defendant jointly succeeded to the shares of 1/2, respectively.

[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 12, the purport of the whole pleadings

2. Determination on this safety defense

A. As to the instant primary claim seeking the cancellation of the registration in the name of the Defendant on the ground that the registration in the name of the Defendant, based on the registration in the name of the Defendant, which was based on the registration in the name of the Defendant’s invalid, is also null and void, the Defendant asserts that the Plaintiff’s primary claim falls under the Plaintiff’s claim for recovery of inheritance, and that the claim was filed after the lapse of the exclusion period of

B. Determination of a claim for recovery of inheritance refers to a person who claims ownership on the ground of inheritance against a named inheritor, and the title inheritor who becomes the other party to the claim for recovery of inheritance refers to a person who has the appearance of trust in the status of an inheritor, or who possesses all or part of the inherited property by referring to the person who has no legitimate right of inheritance, although there is no legitimate right of inheritance, and whether the person has the appearance of trust in the status of an inheritor by registration has to be determined by the entry of the registry publicly notified out of the legal relationship.

arrow