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(영문) 서울고등법원 2018.09.13 2018나2015145
소유권이전등기
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. Basic facts

A. The network E and network F had the Plaintiff and the Defendants as married couple.

The network E died on April 21, 2012, and the network F died on September 3, 2014.

B. [Attachment] Among each real estate listed in the real estate list (hereinafter referred to as "each real estate of this case", the real estate of this case was referred to as "the first real estate of this case, etc." in the title of each real estate, but in the case of an individual real estate, it was referred to as "the first real estate of this case, etc." according to the sequence thereof, the registration of ownership transfer was completed on December 26, 1974 due to the sale on December 21, 1974, and each registration of ownership transfer was completed in the name of the plaintiff on July 25, 2000, and each registration of ownership transfer was completed in the name of deceased F on July 25, 2001 for the successful bid by compulsory auction on January 25, 200. With respect to the third real estate of this case, the registration of ownership transfer was completed in the name of deceased E on December 29, 196; with respect to the fourth real estate of this case, the registration of ownership transfer was completed on May 1, 2004.

[Ground of recognition] Unsatisfy, Gap evidence 1-3, Gap evidence 2-1-4, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Defendants asserted by the Plaintiff are obligated to complete the registration of ownership transfer with respect to one fourth share of each of the instant real estate for the following reasons.

1. The real estate Nos. 1 and 2 of this case was awarded a successful tender in the name of the network E and completed the registration of ownership transfer in the name of the network F, and there are real estate agreed to be transferred to the Plaintiff on August 1, 2009, before the network E dies.

As the network E dies, the status as a title truster of the network E on the first and second real estate of this case, the right to claim ownership transfer registration following the cancellation of title trust, and the right to claim ownership transfer registration against the plaintiff were succeeded to the heir.

Afterwards, the Plaintiff and the Defendants comprehensively succeeded to the rights and obligations between the deceased and the rights and obligations under title trust.

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