logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2019.07.05 2019가합145
소유권이전등기 말소등기절차이행 등
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the plaintiff (appointed party).

Reasons

1. Facts of recognition;

A. C owned the real estate listed in the attached list (hereinafter “instant real estate”) and the E-gi-gu, Dong-gu, Chungcheongnam-gu, Dong-gu and 269 square meters (band 220 square meters large on January 15, 2007, divided into F in the Dong-gu, Dong-gu, Dong-gu) and its ground buildings (hereinafter the above land and buildings collectively referred to as “instant G real estate,” and the instant real estate and G real estate collectively owned.

B. C died on December 5, 1990, and at the time, C was the heir of C, and there was the Plaintiff (designated party, hereinafter “Plaintiff”), the designated party, and the Defendant.

C. On January 9, 1997, the Defendant completed the registration of ownership transfer based on inheritance by consultation and division on December 5, 1990 with respect to each of the instant real estate.

As to the instant G G real estate incorporated into a public site, the Si of Yananan-si paid compensation of KRW 150 million to the Defendant (hereinafter “instant compensation”), and on January 13, 1998, completed the registration of ownership transfer on the ground of a consultation on public land acquisition on December 1, 1997 with respect to the instant G real estate.

E. On May 28, 2019, H completed the registration of ownership transfer based on sale and purchase on April 1, 2019 with respect to the instant D real estate.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Plaintiff, the designated parties, and the Defendant jointly succeeded to each of the instant real estate.

However, the Defendant stated that the Plaintiff and the designated parties “the Defendant would sell each of the instant real estate and divide the sales price equally to the Plaintiff and the designated parties.” The Defendant had the Plaintiff and the designated parties prepare a written agreement on division of inherited property so that each of the instant real estate can be made under the Defendant’s sole name, and completed the registration of ownership transfer in the Defendant’s sole name.

Nevertheless, the defendant is the case.

arrow