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(영문) 서울중앙지방법원 2016.03.30 2014가단5306206
소유권이전등기
Text

1. The lawsuit against the defendant B shall be dismissed;

2. Defendant C, D, E, and G are 2/19.2 of 13,190 square meters of H forests and fields in Macheon-si.

Reasons

1. Basic facts

A. The registration of ownership transfer in the instant case was completed on December 22, 1981 on the ground of the sales contract (hereinafter “instant sales contract”) with respect to H 13,190 square meters of forests and fields (hereinafter “instant real estate”) owned by P, Seocheon-si, Ycheon-si, P, for which the registration of ownership transfer was completed, the registration of ownership transfer in the Defendant B’s name (hereinafter “instant registration of ownership transfer”) was completed on December 23, 1981.

B. 1) The Plaintiff and Defendant B were children between I and J. On July 23, 2004, the Plaintiff and Defendant B died. On July 23, 2004, J (the divorce with I on January 22, 1998) and two male and female members including the Plaintiff and the Defendant B, and K (the marriage report on September 22, 1970) reported a double family register with K on September 22, 1970 and gave birth of four South and North O between them, including L, M, N, and four South O between them. The above eight children and K were jointly succeeded to the instant real estate seller, including the Plaintiff and the Defendant B, and the seller of the instant real estate died of Defendant CFD on April 20, 198 (the seller of the instant real estate), and the seller of the instant real estate died of Defendant CFD on September 22, 198.

Each inheritance share shall be as shown in the attached Form.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 3, 7, and 8 (including each number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is that the registration of transfer of ownership of this case is invalid since the Plaintiff purchased the real estate in this case as a party to the sales contract of this case and entrusted only the name of the registration to Defendant B.

Ultimately, the instant real estate is returned to the seller’s ownership of the deceased P, and the instant sales contract between the deceased I and the deceased P still remains valid. As such, Defendant C, etc., the deceased’s heir of the deceased P, are the Plaintiff’s co-inheritors (2/19 of the inheritance shares) based on the instant sales contract, according to their respective inheritance shares, as to the instant real estate.

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