(영문) 인천지방법원 2018.07.13 2017가단212230

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(영문) 인천지방법원 2018.07.13 2017가단212230

소유권이전등기

Text

1. The Defendant’s KRW 18,66,66 for the Plaintiff and its related KRW 5% per annum from January 18, 2018 to July 13, 2018, and the following.

Reasons

1. Basic facts

A. The network C and the network D are maids, and the Plaintiff is the children of the network C.

B. The deceased C completed the registration of initial ownership of each real estate listed in the separate sheet (hereinafter “instant real estate”) around 1965, and sold the instant real estate in KRW 1.2 million to the deceased D on December 20, 1976.

The net C died on July 25, 1978, approximately two years after the sale.

The net D had a guarantee of sale confirmed on December 20, 1976 from three persons, including E, etc. on April 8, 1994 without paying the remaining KRW 400,000 among the above purchase price, and completed the registration of transfer of ownership (hereinafter referred to as the “registration of transfer of ownership”) for the instant real estate on January 26, 1995 based on the above guarantee document, in accordance with the former Act on Special Measures for the Registration, etc. of Transfer of Real Estate Ownership (Act No. 4775; hereinafter referred to as the “Special Measures Act”).

C. The network D died on May 1, 2013, and the Defendant completed the registration of ownership transfer on July 19, 2016 due to inheritance due to the agreement division as of May 1, 2013, and sold the real estate listed in paragraph (3) of the attached Table among the instant real estate (hereinafter “F land”) to G on July 1, 2016 and completed the registration of ownership transfer on F land on July 1, 2016.

The Plaintiff filed the instant lawsuit against the Defendant and the said G by asserting that “The Defendant shall have the obligation to implement the procedure for ownership transfer registration for one-third portion of the real estate listed in the separate sheet Nos. 1 and 2,” and that “G shall have the obligation to implement the procedure for ownership transfer registration for one-third share of the F land due to the restoration of the real name of registration.” The decision of compulsory adjustment rendered on September 18, 2017 between the Plaintiff and G was finalized as it is.

E. On the other hand, the real estate listed in paragraph 1 of the attached list is net C. with the consent of the network D.

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