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(영문) 전주지방법원 2018.01.17 2017가단22164
소유권이전등기
Text

1. The Defendant shall make an agreement on February 4, 2016 with respect to one half of the real estate stated in the attached list to the Plaintiff.

Reasons

1. Facts of recognition;

A. The deceased C (hereinafter “the deceased”) died on February 4, 2016, and the Plaintiff and the Defendant jointly inherited the deceased’s property.

B. On May 12, 2016, the Plaintiff filed a petition for adjudication on the division of the contributory portion and the inherited property against the Defendant with the Jeonju District Court Decision 2016Rahap6.

C. On June 24, 2016, the original Defendant, a co-inheritors, decided to own the instant real estate and a vehicle owned by the deceased, but the Plaintiff shall pay to the Defendant KRW 28 million (hereinafter “instant agreement on division of inherited property”). On the same day, the Plaintiff paid KRW 28 million to the Defendant according to the agreement on division of inherited property.

On June 24, 2016, the Plaintiff withdrawn the adjudication on the division of the contributory portion and the inherited property.

E. The Plaintiff intended to register the ownership transfer of the instant real estate according to the agreement on division of the instant inherited property, but the Defendant did not complete the registration of ownership transfer since the Defendant’s name certificate issued by the Defendant passed three months from the date of issuance, and requested the Defendant to obtain a new certificate of personal seal impression, but rejected

F. On April 6, 2017, the Plaintiff filed a petition for adjudication on the division of the contributory portion and inherited property against the Defendant with the Jeonju District Court 2017Dhap12, and the said court dismissed the Plaintiff’s petition on August 22, 2017 on the ground that consultation on the method of division of inherited property has been concluded.

The above adjudication was finalized on September 8, 2017.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the claim, since the real estate of this case was retroactively owned by the plaintiff at the time of commencement of inheritance according to the division agreement of the inherited property of this case, the defendant is out of the real estate of this case to the plaintiff.

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