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(영문) 울산지방법원 2018.09.04 2018가단7350
약정에 의한 소유권이전등기
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The real estate stated in the purport of the claim of the basic facts (hereinafter “instant real estate”) was owned by the network D. Since D died on January 11, 1985, the registration of ownership transfer was completed on September 28, 2006 on the ground of inheritance in the future of the South-Namnam net E, the Republic of Korea on September 28, 2006. In other words, after E died on November 28, 2016, the fact that the registration of ownership transfer was completed on March 23, 2017 with the Defendant, who is the wife of E on March 23, 2017 due to the consultation division, does not conflict between the parties, or is recognized by the statements in Gap 1 through 4, and Eul 1 through 6.

2. After the plaintiff's assertion D's death, on June 6, 2006, the heir collected and transferred the inherited real estate including the real estate in this case to the deceased, on the one hand, on the other, in order to divide or dispose of the real estate in the shares of inheritance among co-inheritors, and then divide the proceeds therefrom. In particular, the real estate in this case was completed after consultation with the plaintiff at the time of the transfer registration, and the defendant also agreed to the plaintiff as the period for the transfer registration of ownership in this case upon confirmation of the above agreement with the plaintiff after E's death. Thus, the defendant is obligated to implement the transfer registration procedure for the real estate in this case to the plaintiff on the ground of the above agreement made on June 6, 2006.

3. The judgment and conclusion of Gap's evidence 6 and witness F's testimony alone are insufficient to recognize that Eul agreed to transfer the real estate of this case to the plaintiff on June 6, 2006. Thus, the plaintiff's claim is dismissed as without merit.

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