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(영문) 창원지방법원진주지원 2019.05.16 2018가단6767
소유권이전등기
Text

1. As to the Plaintiff, with respect to the Plaintiff’s share of 1448 square meters in G field in Gyeongnam-do, and Defendant C’s share of 3/9, Defendant D, E, and F, respectively.

Reasons

1. Basic facts

A. The land in this case is the land owned by Nonparty H, which is the land owned by Nonparty H.

B. On May 28, 199, H sold the instant land to the Plaintiff.

(Sales Price of 28,00,000) C.

H died on November 21, 2001, and H’s heir was Defendant D, E, and F, the wife, as Defendant C and children.

[Reasons for Recognition] Defendant C: There is no dispute between the parties.

Defendant D: Article 208(3)3 of the Civil Procedure Act (Service by Public Notice); Defendant E, and F: Article 208(3)2 of the Civil Procedure Act (Confession)

2. The Defendants, as the heir of H, succeeded to the comprehensive rights and obligations regarding H’s property as the inheritor.

(Article 105 of the Civil Act) According to the provisions of Article 1009 (Legal Succession) of the Civil Act, the share of inheritance of Defendant C is 3/9 and the share of inheritance of Defendants D, E, and F is 2/9, respectively.

The Defendants succeeded to the H’s obligation to sell the instant land to the Plaintiff. As such, Defendant C, E, and F, among the instant land, are obligated to perform the registration procedure for transfer of ownership based on sale on May 28, 199, with respect to the share of 3/9, Defendant D, E, and F, with respect to each share of 2/9, respectively.

3. Conclusion, the plaintiff's claim of this case is accepted as reasonable.

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