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(영문) 대구지방법원 2017.05.31 2016나712
소유권이전등기
Text

1. The plaintiff's appeal and the supplementary selective claims in the trial are all dismissed.

2. Appeal costs and selective election.

Reasons

1. The reasons why the court stated this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, citing this in accordance with the main sentence of Article 420 of the Civil Procedure

2. The parties' assertion

A. The Plaintiff’s assertion 1) The instant real estate jointly owned by W, X, Y, and Z was sold to AK, AJ, and AF upon delegation from the rest of the co-owners, but the registration of ownership transfer was not completed. AG, the Plaintiff’s agent, around October 16, 1992, determined the purchase price of the instant real estate as KRW 520,00,000 as to the remaining co-owners’ and each of the instant real estate and the sales price of the instant real estate (hereinafter “instant sales contract”).

(2) The Defendants, the heir of W, are obliged to complete the registration of ownership transfer on October 16, 192 with respect to the Defendants’ share in the attached Table 2, among the real estate listed in the attached Table 1, on the part of the Plaintiff, as the owner of the 6/8 share he inherited from W, and the Plaintiff entered into a sales contract with the Plaintiff as the owner of the 6/8 share in the instant real estate, and in view of the fact that X completed the registration of ownership transfer without any objection with respect to the Plaintiff’s share (1/10) in each of the instant real estate, the ownership transfer registration was completed. Therefore, the Defendants, the heir of W, are obliged to implement the registration of ownership transfer on October 16, 1992, with respect to the Defendants’ share in the attached Table 2, among the real estate listed in the attached Table 1.

Therefore, the defendants listed in the separate sheet No. 3 (excluding Y's inheritor) are the plaintiff with respect to the corresponding shares of each defendant listed in the separate sheet No. 3 among the real estate listed in the separate sheet No. 1 attached to the plaintiff. 16 of October 16, 1992.

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