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(영문) 부산지방법원 2019.10.01 2018가단23328
소유권이전등기
Text

1. The plaintiffs' primary claims against the defendants and the conjunctive claims against defendant E are all dismissed.

2...

Reasons

1. Basic facts

A. The registration procedure for ownership transfer was completed on November 4, 1976 under the name of Plaintiff A, B, and Defendant E, his father, and the registration procedure for ownership transfer on November 3, 1976, with respect to each of the lands listed in paragraphs (1) (hereinafter “instant No. 1”) and (2) (hereinafter “instant No. 2”) in the separate sheet list No. 1 (hereinafter “Attachment List No. 1”) in the name of Defendant E on November 4, 1976.

B. Meanwhile, on the other hand, the registration procedure for ownership transfer was completed on December 14, 2017 due to the gift on December 7, 2017 with respect to the portion of one-fourths of one-fourths of each of the instant land to H and I, the ASEAN of Plaintiff B, and the registration procedure for ownership transfer was completed on May 28, 2010 under Defendant F’s name on the ground of the gift on May 27, 2010.

C. G dies on December 24, 2014, and there are Plaintiffs A, B, Defendant E, and Nonparty J, K, and L (former names: M) who are their children as their successors, and L died on January 18, 2015, and Plaintiff C and D, who are their children as their successors.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 15 (including each number), the purport of the whole pleadings

2. Determination

A. (1) Defendant E, who is the cause of the primary claim, completed the registration of ownership transfer under his name due to sale, notwithstanding the absence of a cause of registration, with respect to each land of this case Nos. 1 and 2, and Defendant F made a title trust with respect to the land of this case. The registration of ownership transfer under the name of the Defendants constitutes the registration of invalidity of cause

Therefore, Defendant E is obligated to implement the registration procedure for transfer of ownership for each of the 4/48 shares in the instant land No. 1 to Plaintiff C and D, and Defendant F is obligated to implement the registration procedure for transfer of ownership for each of the 8/48 shares, Plaintiff C, and D among the instant land No. 2, for each of 4/48 shares to Plaintiff A, B, and D, respectively.

(2) Where registration has been made on any immovable property, special circumstances shall be applicable.

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