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(영문) 울산지방법원 2015.11.27 2015가단5025
소유권이전등기
Text

1. Defendant C was dated March 27, 2015 with respect to the Plaintiff’s share of 2/26 of each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The plaintiff and the non-party deceased F (hereinafter "the deceased") married around March 1975.

B. (1) The registration of ownership transfer was completed on the ground of the “sale on February 4, 1976,” with respect to the land of 122 square meters in Ulsan-gu, Ulsan-gu, Ulsan-gu, G (hereinafter “the land of this case”). (2) The registration of ownership transfer was completed on July 8, 1976 for each of the 1/2 shares of the building listed in the attached Table 1 on the land of this case (hereinafter “the building No. 1”) listed in the attached Table 1 on the land of this case, and the registration of ownership transfer was completed on July 8, 1976. (3) The registration of ownership transfer was completed on each of the 1/2 shares in the land listed in the attached Table 2 (hereinafter “the land No. 2”) listed in the attached Table 3 (hereinafter “the building of this case”) and on each of the 1/2 shares in the building listed in the same Table on March 9, 1983.

C. The Deceased died on January 30, 1991, and the Plaintiff, the deceased’s spouse, was 3/13 shares, the Defendants and their children, and the deceased’s heir, who died first, inherited or inherited the Deceased on behalf of 2/13 shares, respectively.

[The defendant and the above H are children between the deceased and the non-party I (Death around 1963)] The ground for recognition is without dispute, Gap evidence 1-4, Gap evidence 1-2, Eul evidence 3, Eul evidence 1-1-2, Eul evidence 1-2, the purport of the whole pleadings.

2. As to the claim against the defendant C

A. In the absence of dispute, there is no dispute as to the fact that the Plaintiff borrowed the name of the deceased and completed the registration of ownership transfer or the registration of ownership preservation under the name of the deceased, even though the Plaintiff was the owner of the first, second and second shares of the instant building, and the second and second shares of the instant building; and there is no dispute as to the fact that the Plaintiff expressed against the said Defendant the intent to terminate

B. Defendant C, such as the duty to transfer ownership registration, is an inheritor who inherited the deceased at the ratio of 2/13 shares, and barring any special circumstance, Defendant C, barring any special circumstance, is one-half of each of the buildings 1, 2, and 2.

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