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(영문) 서울중앙지방법원 2020.08.25 2018가단5203312
소유권이전등기
Text

1. The Defendants enter into a transfer agreement on December 23, 2014 with respect to each of 3/40 shares in the real estate listed in the separate sheet to the Plaintiff.

Reasons

1. Basic facts

A. The network E (hereinafter “the deceased”) and F had the Plaintiff and the Defendants as their children under the chain.

B. As the Deceased died on November 5, 2014, on January 13, 2015, F and the original Defendant drafted a written agreement on the division of inherited property for the real estate owned by the Deceased. Among them, the apartment of this case is jointly owned by F in proportion to 3/10, respectively.

After that, on January 14, 2015, the registration of ownership transfer of the apartment of this case was completed in the name of the plaintiff and F, due to the inheritance due to the consultation division.

C. The F died on January 8, 2016.

[Ground for Recognition: Facts without dispute, entry in Gap evidence 1 to 5]

2. Determination

A. (1) The Plaintiff’s assertion (1) on December 23, 2014, the inheritor of the deceased agreed to divide the instant apartment among the deceased’s inherited property into the Plaintiff’s sole ownership. However, the F agreed to have 3/10 shares in his/her female only during his/her lifetime. Since F died, the Defendants are liable to implement the registration procedure for transfer of ownership on the part of the Defendants’ respective inheritance shares among the 3/10 shares in the instant apartment among the 3/10 shares in the Plaintiff.

(2) Since there was no agreement on the division of inherited property with the apartment of this case as the sole ownership of the Plaintiff, Defendant B cannot respond to the Plaintiff’s claim.

B. According to the above facts of recognition, it is reasonable to view that there was an agreement on the division of inherited property between the deceased, and the heir, after the deceased’s death, about the apartment of this case, 7/10 shares were owned by the plaintiff, and 3/10 shares were owned by the F.

Therefore, we cannot accept the Plaintiff’s assertion that there was an agreement on the division of the inherited property with which the apartment of this case is owned solely by the Plaintiff.

In other words, the 3/10 share of the apartment of this case is F.

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