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(영문) 춘천지방법원강릉지원 2017.07.12 2017가단1376
소유권이전등기
Text

1. The Defendants shall make April 14, 2008 with respect to one fifth share of the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. On April 14, 2008, F donated the real estate listed in the attached list (hereinafter “instant real estate”) to the Plaintiff.

B. The F died on January 16, 2009, and the Plaintiff and the Defendants inherited each fifth of the rights and obligations of F.

[Reasons for Recognition: Each entry of Gap evidence Nos. 1 through 5 (Evidence with Serial Numbers) against defendant B, D, and E, and the purport of the whole pleadings against defendant C]

2. Assertion and determination

A. Since the Plaintiff’s claimant Defendants inherited F’s obligation to transfer ownership to the Plaintiff, the Plaintiff is obligated to complete the registration procedure for transfer of ownership with respect to one fourth portion of each of the instant real estate.

B. As the Defendants inherited the FF’s obligation to transfer ownership to the Plaintiff, the Defendants are obligated to complete the registration procedure for transfer of ownership with respect to one fifth portion of each of the instant real estate to the Plaintiff.

However, since the duty of ownership transfer registration for the remaining five-fifths shares is inherited to the plaintiff, the defendants cannot seek performance of the duty of ownership transfer registration.

The part seeking the registration of ownership transfer against the Defendants in excess of 1/5 of each share of inheritance shall not be accepted.

3. Conclusion, the Defendants are obligated to complete the registration procedure for ownership transfer on April 14, 2008 with respect to one fifth share of the real estate listed in the separate sheet to the Plaintiff.

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