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(영문) 대구지방법원경주지원 2013.10.11 2012가단2258
소유권이전등기 등
Text

1. The plaintiff's main claim is dismissed.

2. The defendant shall pay to the plaintiff KRW 27,769,788 and KRW 20,000 among them.

Reasons

1. Basic facts

A. C has completed each registration of transfer of ownership on the real estate listed in paragraph (12) of the Attached List No. 12 on November 4, 1987, on April 3, 197, on the real estate listed in Paragraph (3) of the Attached List No. 3, on July 2, 1990, on the real estate listed in Paragraph (4) of the Attached List No. 4 on July 2, 1990, on the real estate listed in Paragraph (5) of the Attached List No. 5 on April 4, 1985, on the real estate listed in Paragraph (6) of the Attached List No. 6 on November 13, 1985, on June 26, 1987.

B. After that, D completed the registration of transfer of ownership based on sale on March 31, 201 with respect to real estate listed in [Attachment List No. 5] on April 7, 2011, and E completed the registration of transfer of ownership based on sale on January 7, 201, respectively on December 24, 2010, with respect to real estate listed in [Attachment List No. 67] on January 7, 201.

C. After that, on November 22, 2011, the Defendant completed the registration of ownership transfer on November 23, 201 with respect to the real estate listed in paragraph (12) of the Attached List No. 12, and on November 23, 201 with respect to the real estate listed in paragraph (34) of the Attached List No. 34 on November 23, 201, respectively (hereinafter “instant registration of ownership transfer”).

C (hereinafter referred to as “the deceased”) died on November 24, 201, and the deceased’s inherited property was jointly inherited by the Defendant, who is the wife of the deceased, in proportion to the 3/7 shares, F, and the 2/7 shares, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 3, 6, 5-1 through 7, witness G testimony, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion (i.e., the deceased’s inherited property was inherited at the ratio of 2/7 shares upon the death of the deceased.

B. On November 22, 2011, the Defendant completed the instant registration of ownership transfer on November 23, 201 with respect to the real estate listed in Paragraph 12 of the Attached List No. 12, and on November 23, 201, with respect to the real estate listed in Paragraph 34 of the Attached List No. 34, respectively.

In addition, on March 31, 201, the Deceased shall list the real estate listed in paragraph 5 of the attached Table to D on March 31, 201 as the price for KRW 170 million, and to E on December 24, 2010.

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