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(영문) 제주지방법원 2014.09.19 2014가단153
소유권이전등기
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

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

Reasons

1. Facts of recognition;

A. A. Around 1994, the Plaintiff’s father I died. The heir was the wife and children of theO, who is the substitute heir of J, K, Plaintiff A, L, M, N and networkO, and Defendants, Q, R, S, T, and U, who are the deceased’s substitute heir of the network P.

B. Jeju-si: (a) owned 1,428 square meters prior to H (hereinafter “instant land”); (b) the Jeju-si District Court received the ownership No. 86804 on November 28, 2007 from the Jeju-si District Court (No. 86804 on October 12, 1994) and completed the registration of ownership transfer in the name of the Defendant G, the heir of I, in the name of Defendant G, the heir of I, 8670/270/270215 shares; and (c) the ownership transfer was completed in the name of the other inheritors.

C. As to the instant land, the shares of all other inheritors except the Defendants, other than the Defendants, were transferred in the name of Jeju District Court No. 86805, Nov. 28, 2007, No. 86805, Nov. 26, 2007, with the Plaintiff’s donation on November 26, 2007.

The document (Evidence A) was prepared under the title “I’s ownership of the I’s real estate” around the time of the deceased I’s death, which includes the transfer of ownership of the I’s real estate to a specific inheritor. At the bottom of the document, Defendant G, B, and Plaintiff A’s signature and seal or signature affixed thereon.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings

2. On December 13, 1994, the part of the Plaintiff’s assertion on the cause of the claim ① The Plaintiff’s claim based on the agreement on the division of inherited property and the network I’s co-inheritors, including the Plaintiff and the Defendants, agreed on the division of inherited property to solely inherit the instant land. While the Plaintiff did not complete the registration of transfer under the Plaintiff’s name due to the agreement on the division of inherited property, the Defendants completed the registration of transfer of ownership according to their legal shares in inheritance, the registration of transfer of ownership in the Defendants’ name

Therefore, the defendants are primarily responsible for the restoration of the true title to the plaintiff by inheritance shares.

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