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(영문) 대구지방법원 2018.07.18 2017나312788
지분권이전등기의 말소등기절차이행등
Text

1. The part of the first instance judgment against Defendant E shall be revoked.

2. The plaintiff's claim against the defendant E is dismissed.

3...

Reasons

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) On April 7, 1970, the Plaintiff is the Plaintiff’s forest land of H 4,604 square meters (hereinafter “instant forest”) in Ansan-si from the net G on April 7, 1970.

) 중 별지 도면 표시 1, 2, 3, 4, 5, 6, 7, 8, 1의 각 점을 차례로 연결한 선내 ㈏ 부분 396.7㎡(120평, 이하 ‘이 사건 매수부분’이라 한다

(2) The Plaintiff purchased 20,000 won. The Plaintiff paid the above purchase price and received the transfer of the possession, and thereafter occupied and used the part of the purchase in this case. However, on April 13, 1987, the net G died on April 19, 2001, and thereafter on April 19, 2001, as to the portion of the forest in this case, 60/100 shares to the net I, the heir of the net G, 15/100 shares, and on the portion of 25/100 shares to Defendant D, the transfer registration of ownership was completed due to an inheritance due to an agreement division.

After that, as the deceased on November 6, 201 by the deceased J on November 6, 201, the ownership transfer registration for the 15/100 shares of the forest of this case (the shares of the deceased J) was completed to Defendant C, who is his heir, due to the inheritance by agreement and division. As the deceased on October 10, 2013, the ownership transfer registration for the 60/100 shares (the shares of the deceased I) out of the forest of this case was completed to Defendant B, who is his heir, due to inheritance by agreement and division.

Therefore, among the purchase portion of this case to the Plaintiff, Defendant B is liable for the share 60/100; Defendant C is liable for the share 15/100; Defendant D is liable for the registration of ownership transfer for sale on April 7, 1970 with respect to the share 25/100.

3. Meanwhile, even though Defendant D had the duty to transfer 25/100 shares, which are shares, to the Plaintiff, in collusion with the deceased I in violation of his duty, and completed the registration of transfer of shares, which was made on the ground of sale under the receipt of No. 31516 on December 15, 2005, on the ground that the deceased on October 10, 2013, Defendant D had the duty to transfer the shares of 25/100 shares, and received on December 4, 2013, from Defendant B, the heir of the deceased on December 15, 2013, as the deceased on October 10, 2013.

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