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(영문) 서울서부지방법원 2017.07.13 2016가합31336
소유권이전등기
Text

1. Defendant D is the Seoul Western District Court with respect to the Plaintiff’s share of 1/4 of each real estate listed in the separate sheet No. 1.

Reasons

1. Facts of recognition;

A. The deceased F (hereinafter “the deceased”) married with the deceased G and formed the Defendants as their children, divorced from the deceased G, and subsequently Plaintiff A was employed as a person outside wedlock between the deceased H, and died on January 24, 2016.

Plaintiff

B is the legal spouse of the plaintiff A.

B. The registration of ownership transfer was completed in the name of the deceased on March 9, 192, and the provisional registration of the right to claim ownership transfer (hereinafter “the provisional registration of this case”) was completed on March 7, 1992 under the name of the Plaintiff A on March 9, 1992.

C. On October 31, 2003, the registration of ownership transfer was completed in the name of the plaintiffs on the real estate listed in the separate sheet No. 2 list, and on January 22, 2008, the registration of ownership transfer (share transfer) was completed on December 13, 2007 under the name of the deceased on December 13, 2007.

On the other hand, on November 10, 2013, the Deceased prepared an agreement with A as follows:

1. Personal information of the principal: F;

2. Facts of confirmation;

A. Each real estate listed in the separate sheet No. 1 list is a house that H presents to the Plaintiff, thereby transferring the registration to the Plaintiff at any time when the Plaintiff wishes to do so.

B. The real estate listed in the attached list 2 is transferred only in the name because it is a tax owned by the Plaintiff A and the Plaintiff B, and at any time, when the Plaintiffs wish to do so, the registration of the right of friendship will be transferred.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7, 9, 10 (including each number, if any) and the purport of the whole pleadings

2. The plaintiffs' assertion

A. On March 7, 192, the Deceased’s assertion on each real estate listed in the separate sheet No. 1, 1992, entered into a pre-sale agreement with the Plaintiff on each real estate listed in the separate sheet No. 1, and Article 2 of the pre-sale agreement provides that “The date of completion of the sale shall be June 30, 1992, and when the date of completion is completed, the sale shall be deemed to have been completed as a matter of course without declaration of intention of completion of the sale.”

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