(영문) 인천지방법원 2019.01.23 2018가단227666

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(영문) 인천지방법원 2019.01.23 2018가단227666

소유권이전등기

Text

1. The Defendants shall pay to the Plaintiff the share stated in the separate sheet 2 among each real estate listed in the separate sheet 1 as of October 2003.

Reasons

1. Facts of recognition;

A. The Plaintiff is the natural father of the deceased AC (the deceased was dead on August 15, 2013, hereinafter “the deceased”) (the deceased was unmarried at the time of his/her death and there was no legal spouse and lineal ascendant). The Defendants are the collateral blood relatives of the deceased or a substitute heir of the deceased, and each inheritance share is listed in the separate sheet 2.

B. On October 28, 2003, the Plaintiff lent KRW 10,000,000 for the purchase of real estate to the Deceased without fixing the due date for payment. On October 28, 2003, the Deceased purchased each real estate listed in the separate sheet 1 (5.493/106 of the Incheon-gu AD land and 12.87/547 of the 1st floor out of the above land, and completed the registration of ownership transfer on the above real estate.

C. At the time of lending the above money, the Plaintiff entered into a promise for payment in substitution for the repayment of the loan between the deceased and the deceased, which subsequently moves the ownership of the instant real estate to the future, and the Plaintiff received the instant real estate from the deceased and used it as a warehouse for the storage of the

[Ground of recognition] Defendant F and AB: The absence of dispute, Gap evidence 1, Gap evidence 2-1 and 2-2, and the remainder of the purport of the entire pleadings: The confession (Article 150(3) and (1) of the Civil Procedure Act)

2. According to the above facts of recognition, the deceased is obligated to perform the registration procedure for ownership transfer on October 28, 2003 with respect to the real estate of this case to the plaintiff, and the defendants, the legal heir of the deceased, who are legal successors, have comprehensively succeeded to the above obligations by inheritance shares.

I would like to say.

Therefore, the Defendants are obligated to implement each procedure for the registration of ownership transfer on October 28, 2003 with respect to each of the shares listed in the separate sheet 2, among the instant real estate, to the Plaintiff.

3. Thus, the plaintiff's claim against the defendants is justified.

참조조문

-민사소송법 제150조 제3항

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