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(영문) 수원지방법원 2019.07.25 2018나83321
소유권이전등기
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

judgment of the first instance.

Reasons

1. The reasons for the judgment of the court of first instance are as follows: (a) if the agreement entered into by the original defendant on May 8, 2001 falls under the agreement on the division of inherited property, the right to claim ownership transfer registration based on the agreement shall not be subject to the application of the extinctive prescription as a real right right claim; (b) however, the agreement is only the agreement entered into between the original defendant and the co-inheritors, and it is not effective as an agreement on the division of inherited property; and (c) the right to claim ownership transfer registration based on the agreement is not subject to the application of extinctive prescription as it constitutes a claim on the part of the original debtor; and (d) it is identical to the entry of the reasons for the judgment of the court of first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit. The judgment of the first instance court, which forms the conclusion, is justifiable, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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