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(영문) 대구지방법원 2020.07.15 2019가단120340
소유권지분이전등기절차이행 청구의 소
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. The registration of ownership transfer was completed in Q on April 28, 1932 with respect to the instant real estate in Q, and on November 6, 1970, the registration of ownership transfer was completed in R on November 6, 1970. On December 1, 1972, the registration of ownership transfer was completed in proportion to 1/5 shares in P, S, T, U, and V respectively.

B. Of the above shares, the ownership of theO was transferred to the Plaintiff on March 20, 202, and the ownership was transferred to W on April 2, 2008 on June 14, 2016.

C. As a result of the death of V and T among the above equity right holders, some of the Defendants, the inheritor, succeeded to the property.

(However, the specific inheritance relationship is not timely). / [Evidence] without dispute, Gap evidence No. 1, the purport of the whole pleadings.

2. The plaintiff's assertion and judgment

A. On December 1, 1972, the Plaintiff’s assertion (1) the instant real estate was registered as owned by each equity right holderO, S, T (S), V, and U.

Each equity right holder in the past around 1973, the former owner R and the lawsuit should collect the costs of the lawsuit. Since it is not sufficient to pay the costs of the lawsuit, the right holder among the equity right holders would bear the total costs of the lawsuit. On February 3, 1973, the remaining equity right holders agreed to prepare minutes of the current resolution of the general meeting of the clan on February 3, 1973, stating that "the affairs of the Forest Plock in Korea under the name of S,O, T, U, and V, shall be delegated to O in whole (transfer) the ownership of the real estate of this case to the non-party O, each equity right holder of the clan, O, S, T, and V, each of the above minutes.

Therefore, NonpartyO has the right to file a claim for the transfer registration of ownership shares on the ground of the agreement dated February 3, 1973 with four equity right holders of the instant real estate at the time.

(2) The Plaintiff paid KRW 10 million to the Plaintiff and purchased the instant real estate from theO, as the buyer, against the Defendants of NonpartyO.

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