(영문) 창원지방법원 2016.06.02 2016나657 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 창원지방법원 2016.06.02 2016나657

합의이행금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On May 28, 1957, the network C completed the registration of ownership transfer with respect to the 471 square meters (1,557 square meters, hereinafter “instant land”) prior to the racing-si.

B. The network E completed the registration of ownership transfer with respect to the instant land on August 21, 1981 in accordance with Act on Special Measures for the Registration, etc. of Ownership Transfer (Act No. 3094).

C. C died on December 2, 1952, and died on May 25, 2001, the spouse, and the deceased on May 25, 2001.

C’s heir has children (designated parties, hereinafter referred to as the “Plaintiffs”), Appointers G, Appointors H, and ASEAN died on March 19, 1978, and the heir has K, Appoint (name prior to the opening of name: M) and Appointer N as his spouse’s heir.

The defendant, as E's child, completed the registration of ownership transfer on March 29, 1997, based on inheritance by consultation and division as to the land of this case.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 4, and the purport of whole pleading

2. The parties' assertion

A. On August 31, 2013, Plaintiff O agreed to receive KRW 6,50,000 from the Defendant, instead of the Defendant and the Nonparty Nonparty O on behalf of the Plaintiff and the designated parties, pursuant to the Act on Special Measures for the Registration, etc. of Real Estate Ownership Ownership, etc. on behalf of the Plaintiff and the Nonparty O, the heir of Nonparty C, pursuant to the Act on Special Measures for the Registration, etc. of Ownership Ownership of the instant Land.

Therefore, the defendant should pay 6.5 million won and damages for delay to the plaintiff and the designated parties.

B. Defendant 1’s evidence No. 1 written out part of the Defendant’s wife P on the draft prepared by O, and then signed and sealed the Defendant’s name with the Defendant’s consent, and cannot be deemed as a completed agreement. The Defendant did not sign or affix the Defendant’s seal, and theO written out part at his own discretion. Thus, the establishment cannot be recognized.

(2) No. 1 shall include the name of the deceased or some of the designated persons.

참조조문

-부동산소유권 이전등기 등에 관한 특별조치법

유사 판례

-창원지방법원통영지원 2017.10.24 2015가단26220

-창원지방법원 2018.12.20 2018나53174

-춘천지방법원 2016.09.06 2015가단51732

-대구지방법원 2015.04.10 2014나13431

-인천지방법원부천지원 2017.12.12 2016가단108191