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(영문) 제주지방법원 2015.02.06 2014가단5547
소유권이전등기
Text

1. The plaintiff's claim of this case is all dismissed.

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

Reasons

1. Basic facts

A. On June 2, 2009, the Plaintiff received the Jeju District Court Decision No. 2009Kadan1971, which held the Defendant as the obligor, as to each real estate listed in the separate sheet in which the ownership transfer registration was made under the deceased C’s name (the deceased on March 31, 199).

B. The plaintiff filed an application for ownership transfer registration due to inheritance by subrogation of the deceased C's heir in order to preserve the right to claim ownership transfer registration due to the purchase and sale reservation in accordance with the above provisional disposition decision, and the registration of ownership transfer in the name of D (3/11 shares), E, F, G, and the defendant (2/11 shares above) arising from inheritance as of June 2, 2009 by the Jeju District Court No. 20039 of June 2, 2009 on each real estate listed in the separate sheet was completed, and the provisional disposition registration with the plaintiff as the creditor was completed on June 4, 2009 on each real estate listed in the separate sheet.

C. Meanwhile, on October 15, 2009, on the other hand, the Defendant filed an application for the registration of ownership modification with respect to each real estate listed in the separate sheet as the Defendant solely inherited on October 15, 2009, and the registration of ownership modification was completed as of October 26, 2009 by the Jeju District Court No. 37994, which received on October 26, 2009 as of each real estate listed in the separate sheet.

From among the successors of the deceased C, F died on July 5, 2012, and on August 21, 2014, the registration of provisional injunction was cancelled by Jeju District Court 2014Kadan877 on August 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 7, 8, 9, Eul evidence No. 1, the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s primary claim on July 21, 2008 purchased each real estate listed in the separate sheet from one of the deceased C’s successors. At the time, the deceased C’s successors inherited each real estate listed in the separate sheet with the deceased F’s sole inheritance, thereby having agreed on the division of inherited property and delegated the F with the authority to dispose of the real estate.

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