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(영문) 창원지방법원 2016.07.26 2013가단25609
소유권이전등기
Text

1. Defendant (Counterclaim Plaintiff) and Defendant C, D, E, F, and G are among the real estate listed in the attached table No. 1 to the Plaintiff (Counterclaim Defendant).

Reasons

1. The following facts may be acknowledged either as a dispute between the parties or as a whole in light of the purport of the entire pleadings in Gap evidence No. 1.

Attached Form

With respect to the real estate listed in the list Nos. 1 (hereinafter “real estate of this case”), the ownership transfer registration was completed on January 13, 1989 with respect to the 113/155 shares among them under the original H’s name. As the above I died on September 11, 1991, the ownership transfer registration was completed on February 26, 1992 due to the inheritance that was made through consultation and division in the JJ, his mother, and on October 31, 2003, on the 42/15 shares of the above H among the real estate of this case, the ownership transfer registration was completed on October 11, 2003.

B. The registration of ownership transfer for each real estate listed in No. 2 and No. 3 in the separate sheet No. 2 and No. 3 (hereinafter “No. 2 and No. 3 real estate of this case”) was made in the first and second shares in I and F, as seen above I died, on February 26, 1992, the registration of ownership transfer for the above I’s 1/2 shares in the above J as to the above I’s 1/2 shares was completed, and on October 31, 2003, the registration of ownership transfer for the 23 real estate of this case was completed again on October 11, 2003.

C. The J died on January 30, 2010, and the Defendants, their children, succeeded to the J at the ratio of 1/6 of the statutory inheritance.

2. Determination on the main claim

A. The Plaintiff asserted that the J purchased the shares of J (113/155) among the instant one real estate from the J, and that Defendant B did not sell the shares of J among the said real estate to the Plaintiff, who is the heir of the deceased J, in seeking the implementation of the procedures for the registration of ownership transfer of the said shares.

B. The following circumstances, i.e., Defendant A’s evidence Nos. 2 through 5, and the entire purport of the argument as a result of the Defendant F’s personal examination:

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