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(영문) 서울서부지방법원 2018.09.19 2017가단228420
소유권이전등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On March 18, 197, Nonparty J acquired the ownership of each land of K, L, I, M, H, and N in Mapo-gu Seoul Metropolitan Government on March 18, 197, and constructed a 5 O-house building on each of the above lands on each of the above lands, and sold the buildings located in K on August 12, 197 for L and M, September 2, 197 for L and M, and H and N, after obtaining each approval for use on September 3, 197 for H and N.

B. On July 7, 1977, the Deceased purchased the instant co-ownership share from the said J on July 7, 1977, and received the registration of ownership transfer on November 29 of the same year.

In addition, on September 14, 1979, the deceased of this case filed a registration of preservation of ownership with respect to the two-story housing and the 31.74 square meters and 2.78 square meters in the underground room (hereinafter “instant building”) of the two-story housing and the store of Mapo-gu Seoul Metropolitan Government H ground.

On the other hand, there was no transfer registration, etc. of shares in the deceased’s name with respect to 108.4m2 in Mapo-gu Seoul, where the instant building actually located, and there was no transfer registration under the name of Nonparty P (5/32.8), Q and R (13.9/32.8), respectively.

C. The Deceased died on May 1, 1985, and the co-inheritors was the spouse S and children, and the Defendants were the co-inheritors. On April 4, 1990, a real estate sales contract was made between the Plaintiff, S and the Defendants with the sales amount of KRW 15,00,000.

Of the sales contract, the indication column of real estate was indicated as “31.74 square meters underground of 31.74 square meters in Mapo-gu Seoul H,” and there was no indication of the lot number, area, etc. in the site column.

(hereinafter “instant sales contract”).

D. On April 6, 1990, S and the Defendants completed the registration of ownership transfer for the instant building due to inheritance. On April 10, 1990, S and the Defendants completed the registration of ownership transfer for the instant building to the Plaintiff.

E. On March 3, 2011, S died, and the Defendants, as co-inheritors, were children.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 7, 11, 13, and 14 (including each number), and the purport of the whole pleadings.

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