logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.11.17 2017가합50422
소유권이전등기
Text

1. The plaintiffs' claims against the defendant are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and G are children between H and I.

The defendant is the spouse of G.

B. H is a son between J kindergarten G and the Defendant established under the Early Childhood Education Act in each real estate listed in the separate sheet (hereinafter “each of the instant real estate”), and the name of H’s grandchildren is J.

have been operating.

C. The ownership of each real estate of this case was transferred to H on August 23, 2005 on the ground of the donation from August 22, 2005.

On September 22, 2005, the founder of the J kindergarten was changed to the defendant in H with the authorization of the head of the office of education of the Nam-gu Office of Education of Incheon Metropolitan City.

E. On February 6, 2013, H died (hereinafter “the deceased”), and I, the wife of the deceased, died on September 21, 2002, which was before the deceased’s death, had both the Plaintiffs and G.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-2, Eul evidence 2-3, the purport of the whole pleadings

2. The parties' assertion

A. The defendant asserted that the plaintiffs agreed to the effect that the ownership of each of the real estate of this case should be returned to the deceased during the process of dividing them into the deceased, the plaintiffs, and G on August 5, 2006. Thus, the defendant is obligated to perform the procedures for the registration of ownership transfer of each of the real estate of this case to the deceased on August 5, 2006.

Since the plaintiffs and G succeeded to the above right to claim for ownership transfer registration against the plaintiff of the deceased, and the plaintiffs exercised the above right to claim for ownership transfer registration in accordance with the inheritance share ratio, the defendant is obligated to implement the procedure for ownership transfer registration on the ground of an agreement made on August 5, 2006 with respect to each of the real estate of this case on the one-fifth share.

B. Defendant’s assertion 1) did not agree on August 5, 2006 to return ownership of each of the instant real estate to the Deceased. 2) Even if the Deceased and the Defendant agreed on August 5, 2006, the deceased’s ownership of each of the instant real estate.

arrow