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(영문) 서울서부지방법원 2018.09.19 2017가단230041
소유권말소등기
Text

1. The defendant's share 6/7 of the real estate stated in the attached list to the plaintiffs in Seoul Western District Court on 2003.

Reasons

1. Basic facts

A. On July 28, 1977, with respect to each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), the ownership transfer registration based on sale was completed on July 27, 197 under the name of the deceased D (hereinafter “the Deceased”).

B. The deceased died on July 22, 1987, and thereafter the defendant (the fourth female of the deceased of this case) filed a lawsuit for ownership transfer registration against the deceased of this case on July 21, 2003 (the summary of the cause of the claim in the complaint is as follows), and on October 15, 2003, "the deceased of this case shall perform the procedure for ownership transfer registration for each of the real estate of this case to the defendant on November 24, 1986" was sentenced to a judgment for the claimant, which became final and conclusive on November 4, 2003.

(hereinafter “the instant judgment”). A summary of the cause of the instant claim: the Defendant purchased the instant real estate from the Deceased at KRW 2,000,000 on November 24, 1986.

The Deceased received the above purchase price on the same day, delivered a certificate of personal seal impression and registration right for transfer of ownership to the Defendant, and issued and delivered a letter of delegation and a certificate of sale to the certified judicial scrivener office on the following day.

However, on the following day, the deceased of this case refused to deliver the remaining documents necessary for the registration of transfer of ownership on the ground that the above purchase price is significantly different from the market price, and the lawsuit is brought to the defendant because the registration of transfer of ownership has not been completed

C. According to the above report on the delivery of the lawsuit, a duplicate of the complaint/litigation statement appears to be clearly clerical error in E at the location of each real estate of this case on August 6, 2003, the notification of the deceased himself/herself, and the date for pleading, at the same place as on September 17, 2003.

(2) The deceased's two women of this case, the deceased's death on May 6, 2008) and the notification of the date of adjudication shall be made at the same place on October 6, 2003.

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