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(영문) 대구지방법원의성지원 2019.12.18 2019가단403
소유권이전등기
Text

1. D is also the defendant of this case.

With respect to the remaining Defendants except Defendant B and C, September 3, 2019.

Reasons

1. Basic facts

A. On June 24, 1940, the deceased F completed the registration of transfer of ownership on May 30, 1940, with regard to the land of 5,002 square meters (hereinafter “the instant land”) in Gyeongbuk-gu E-do on May 24, 1940, with the grounds for registration.

B. Defendant B is the child of the network F, and Defendant C is the grandchild of the network F.

The inheritance shares of the deceased F’s successors, including the above Defendants, are as shown in the attached Form.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 5, fact-finding results with respect to the head of the office of the Sung-gun District Office of this Court, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) around February 1, 1972, the Plaintiff’s assertion F sold the instant land to D. Therefore, D, Defendant B, the heir of the network F, has the obligation to implement the registration procedure for ownership transfer on February 1, 1972 with respect to the portion of 300/765 out of the instant land, and Defendant C, the heir of the network F, has the obligation to implement the registration procedure for ownership transfer on February 1, 1972 with respect to the portion of 15/765 out of the instant land. 2) Defendant C, the heir of the instant land, did not sell the instant land to D. Defendant C, the heir of the instant land, did not sell the instant land to the Plaintiff.

Therefore, the plaintiff's claim is without merit.

B. In full view of the overall purport of the pleadings, such as the written evidence Nos. 2 through 5 and the circumstances in which the remaining inheritors except Defendant C admitted the facts of the Plaintiff’s assertion, the fact that the deceased F sold the instant land to D around February 1, 1972, and that D sold the instant land to the Plaintiff on April 5, 2012, respectively.

Therefore, in this case, the Plaintiff’s claim for ownership transfer registration against D in subrogation of D in order to preserve D’s claim for ownership transfer registration, Defendant B, the deceased F’s heir, is obligated to implement the ownership transfer registration procedure on February 1, 1972 with respect to the 300/765 shares out of the instant land, and Defendant C, the deceased F’s heir, is obligated to implement the ownership transfer registration procedure on February 1, 1972 with respect to the 15/765 shares out of

3. Conclusion, the plaintiff.

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