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(영문) 의정부지방법원고양지원 2019.09.27 2018가합76050
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiff A inherited the Deceased on May 18, 2013 as the wife, Plaintiff B, and C of the deceased (the deceased’s children in 1959, hereinafter “the deceased”), and the Defendant (the deceased in 1936) was the deceased’s children.

B. On August 7, 1991, the Defendant completed the registration of ownership transfer under one’s name with respect to the land of 1,869 square meters (which was divided into each real estate listed in the separate sheet No. 1 of March 26, 1999; hereinafter referred to as “instant land, regardless of whether it was before or after the division) in Yongsan-gu, Yongsan-gu, Seoul Special Metropolitan City on the ground of sale on July 19, 191.

C. Meanwhile, around 192, each real estate listed in the separate sheet No. 2 (hereinafter “instant building”) was newly constructed on the instant land, and the owner registration was made on December 2, 1992 in the name of the Defendant, and the registration of ownership preservation was made on October 15, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 13, 4, Eul evidence Nos. 4 and 5 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim for ownership transfer registration as to the land share in this case

A. The Plaintiffs asserted that the Plaintiff purchased the instant land together with the Defendant by bearing one half of the purchase fund as compensation for expropriation of H 4,056 square meters in Goyang-gun, Goyang-gun (hereinafter “Gri”) owned by the Defendant, but for convenience, the Plaintiff completed the registration of ownership transfer for the entire land of this case.

Therefore, the registration of transfer of ownership in the name of the defendant with respect to 1/2 shares out of the land in this case is null and void, and the defendant is obligated to implement the registration procedure for transfer of ownership for the reason of return of unjust enrichment in accordance with the respective inheritance shares with respect to the 1/2 shares out of the land in this case

B. First of all, we examine whether the Deceased’s title trust was held against the Defendant of one-half of the instant land.

Generally, only the owner of real estate is another person.

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