(영문) 서울중앙지방법원 2020.05.07 2019나30678

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(영문) 서울중앙지방법원 2020.05.07 2019나30678

소유권이전등기

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1. The plaintiffs' appeals and the claims added to the trial are all dismissed.

2. The appeal costs and the claims in the trial.

Reasons

1. Basic facts

A. D’s land and building acquisition 1) The Defendant and Seoul Special Metropolitan City concluded a sales contract for D’s land located within the village structure improvement project district on July 4, 1986, and completed the registration of ownership transfer under the name of the Defendant on March 16, 198. 2) On June 14, 1988, the registration of ownership preservation was completed under the name of the Defendant on D’s land.

B. 1) On March 16, 1993, with respect to the land of the Dogsan-gun owned by I, the reservation was concluded between I and the defendant on March 16, 1993, and on April 2, 1993, the provisional registration of the right to claim the transfer of ownership was completed on the land of the Dogsan-gun on February 26, 1996. 2) On February 27, 1997, the provisional registration of the right to claim the transfer of ownership was cancelled.

C. On April 28, 2017, E’s death and inheritance of E and E’s reference to the Defendant (hereinafter “the deceased”) died. The deceased’s property inherited F (Death on December 21, 2018), a child, G (Death on March 25, 2019), the Defendant, and the Plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, 67, and 68 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiffs' assertion

A. 1) The instant real estate is referred to as “the instant real estate” if both the instant land, D building and mountain-gun land (hereinafter referred to as “the instant real estate”) are referred to as “the primary claim

(2) The deceased has a right to claim the registration of ownership transfer for the restoration of real name against the defendant with respect to the instant real estate, and the plaintiffs inherited the deceased’s right to claim the registration of ownership transfer for the restoration of real name with respect to their shares in inheritance among the instant real estate upon the death of the deceased.

3. Therefore, the defendant shall restore the real name of each of the real estate in this case to the plaintiffs.

유사 판례

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