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(영문) 대구지방법원 영덕지원 2018.11.27 2017가단10799
소유권이전등기
Text

1. The plaintiff's primary claim against the defendants and the conjunctive claim against defendant B and defendant D are all dismissed.

2.

Reasons

1. Basic facts

A. With respect to the instant land: (a) on October 21, 1994, the registration of transfer of ownership in the name of G on November 6, 2002, the registration of transfer of ownership in the name of G on the ground of donation made on November 6, 2002; (b) the registration of transfer of ownership in the name of G on June 23, 2006, the Daegu District Court of Ulsan on June 23, 2006, the maximum debt amount of which was KRW 32,50,000 and the debtor was KRW 32,50,000,000, the registration of establishment of ownership in the name of the Defendant Young-jin Livestock Cooperative in the name of the Youngjin-gu Livestock Cooperative (hereinafter “the instant registration of establishment”) was completed, respectively.

B. After the death of the network H, on July 23, 2012, the registration of ownership transfer in Defendant B with respect to 3/5 shares out of the instant land was completed, and the registration of ownership transfer in Defendant D with respect to 2/5 shares was completed.

[Ground of recognition] Defendant B and D: The absence of dispute, entry in the evidence No. 2-3, the purport of the whole pleadings, and the purport of the defendant Young-jin Livestock Cooperative: Confession of confession

2. Summary of request;

A. On April 30, 1989, the deceased I, the husband of the Plaintiff’s primary claim, purchased the instant land from the deceased G along with other land.

However, the ownership transfer registration under the above sales contract was completed after the registration of ownership transfer under the name of net G related to the land of this case, but it was agreed to complete the above registration of ownership transfer within 30 years in consideration of the fact that net G is a dry field farmer.

On the other hand, the deceased I died on February 11, 2006, and the plaintiff succeeded to the right of the deceased I as a result of the agreement on the division of inherited property among inheritors.

Therefore, Defendant B and D, the heir of the network G, are obligated to implement the procedure for the registration of ownership transfer on April 30, 1989 with respect to each of the instant shares of ownership out of the instant land, and Defendant Young-jin Livestock Cooperative is obligated to implement the procedure for the registration of cancellation of the registration of establishment of mortgage of the instant land.

B. The preliminary claim I shall execute the registration procedure for ownership transfer of the instant land.

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