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(영문) 서울중앙지방법원 2016.11.04 2016나57610
소유권이전등기 청구의 소 등
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall enter the attached list in co-defendant D of the first instance trial.

Reasons

1. Basic facts

가. 원고들은 망 E(이하 ‘망인’)의 친딸들이고, F은 망인과 1991년경 재혼한 처이며, 피고는 F의 친아들로서 망인의 가봉자(加捧子)이다.

B. On July 13, 1997, the Deceased purchased the real estate listed in the separate sheet (hereinafter “instant building”) from Codefendant D (hereinafter “D”) on July 13, 1997 (hereinafter “instant sales contract”). However, upon request from D, the registration of transfer of ownership is completed in the future of the Defendant.

(Seoul Central District Court Decision 40228 delivered on August 14, 1997, No. 4028 delivered on August 14, 1997, hereinafter "the transfer registration of this case").

On the other hand, on March 3, 2010, the agreement was drafted between the Plaintiffs and F as indicated below (hereinafter “instant agreement”), and on the following day ( March 4, 2010), a letter of certification was written as to the said agreement.

On February 25, 2010, 2010, the defendant of the wife F and Women A, B, and F, a notary public, who is a joint heir of the deceased on February 25, 2010, such as Law Firm Dong-dong Law Office, Dong-dong Law Office, etc., shall make an agreement as follows with respect to the building of this case owned by the deceased (trust property) for a dispute that may arise in the future due to the unknown consciousness of the deceased at present.

1. On March 3, 2010, the Defendant agreed to make a provisional registration based on the transfer registration for ownership transfer on a provisional registration with the right holder F3/7 Plaintiff A2/7 Plaintiff B 2/7, and the Defendant, who is his/her obligor, shall provide the documents necessary for this registration.

2. The principal registration on the basis of provisional registration shall be made to make the principal registration on the basis of provisional registration at the time of the death of the deceased, but if any change in circumstances occurs, the registration may be made by agreement even before it

3. Even if a principal registration has been made later on the provisional registration, the F has the right to continue to reside in the said real estate, and the Plaintiff A and B consent thereto, and in no case there is no disadvantage to F such as surrenderation or equity disposition.

4. In cases where the above real estate is disposed of, the F shall settle accounts of each share.

(hereinafter omitted)

D. The date the above agreement was made ( March 3, 2010).

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