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(영문) 창원지방법원 2018.10.18 2018나50724
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The Defendants are to the Plaintiff:

A. 1.3/3 of the real estate listed in the annex 1 list.

Reasons

1. Basic facts

A. The network H died on May 9, 2016. The Plaintiff and the Defendants, as the heir of the network H (the Defendant’s wife, the Plaintiff and the remaining Defendants, their children), the Defendant’s 3/15 shares, and the Plaintiff and the remaining Defendants, respectively, have succeeded to the respective 2/15 shares by law.

B. The real estate listed in the attached list 1 (hereinafter “instant store”) is one of the exclusive sections of the J Housing in the Changwon-si, Changwon-si, Changwon-si, an aggregate building (hereinafter “J Housing”).

On October 17, 1980, the store of this case was owned by the Plaintiff, the deceased H, and the Defendant B (each 1/3 share). As to the 1/3 share owned by the Plaintiff on January 2, 2007, the registration of ownership transfer was made to the Plaintiff and the Defendants on January 3, 2007, under the Changwon District Court Decision No. 335 on January 3, 2007, which received on January 3, 2007, with respect to the 2/3 share owned by the Plaintiff and the Defendants on November 3, 2016, the registration of ownership transfer was made to the Plaintiff and the Defendants on November 3, 2016.

(202/1500 shares in Defendant B, and each of the plaintiffs and the remaining Defendants is 133/1500 shares in Defendant B).

Defendant B died on April 4, 2018, while the instant lawsuit was pending, and the Plaintiff and Defendant B, as his children, succeeded to each of the shares 101/450 of the net B-202/1500 shares relating to the instant store.

[Plaintiff filed an application for taking over the litigation proceedings with respect to the entire shares of Defendant Net B (702/1500) with respect to the instant store. However, it is evident that with respect to the shares of 1/3 that were owned by Defendant Net B among the instant store, they are not included in the purport of the instant claim, and the said application for taking over the lawsuit is reasonable only for the shares of 2/3 that were owned by the network H] [this ground for recognition]] [In the absence of dispute, the entries in subparagraphs 1 and 2, and evidence Nos. 9 (including number, hereinafter the same shall apply), and the purport of the entire pleadings.

2. The assertion and judgment

A. The parties’ assertion (1) The Plaintiff’s Network H constructed J Housing in addition to the Plaintiff’s money, and on 1980.

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