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(영문) 대구지방법원서부지원 2016.09.01 2015가단17719
교환을 원인으로 한 이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff, the Defendant, C, and D are children of the network E and F.

B. The Plaintiff, the Defendant, C, D, and F shared each real estate listed in the separate sheet (hereinafter “instant real estate”). However, F and D shared shares on April 19, 2010 to the Plaintiff, and C completed the registration of ownership transfer on December 23, 2010 to G, the Plaintiff’s wife, respectively.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 4 (including each number), and the purport of the whole pleadings

2. At the time of the Plaintiff’s assertion E’s death, the heir of the instant real estate, including the Plaintiff and the Defendant, agreed to transfer the ownership of the instant real estate in the name of the Plaintiff, and H 607 square meters in Daegu-gun, and I 203 square meters in the name of the Defendant (hereinafter “real estate subject to exchange”). The Plaintiff and the Defendant agreed to exchange the Plaintiff’s share of the instant real estate subject to exchange with the Defendant’s share of the instant real estate on April 16, 2010, by mistake at the time of the registration, to register the ownership of the instant real estate and the entire real estate subject to exchange as co-ownership. As such, the Defendant is liable to implement the ownership transfer registration procedure for the Defendant’s share of the instant real estate,

3. We examine the judgment of the plaintiff. Each statement of Nos. 1, 6-1, 6-1, 9-2, and 3 of evidence Nos. 5-1, 6-1, 9-9-1, 1, 1-1, and 2, which correspond to the plaintiff's assertion, is acknowledged as being comprehensively taken into account the whole purport of the pleadings, namely, the following circumstances: there is no document such as an agreement with regard to the exchange agreement asserted by the plaintiff, and there is no specific reference to the agreement for division of the inheritance property prepared by the deceased E- including the plaintiff and the defendant on July 10, 1994; F, and D transferred their shares on the real estate subject to exchange to the plaintiff, not the defendant; and the plaintiff transferred their shares on the real estate subject to exchange.

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