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(영문) 제주지방법원 2015.11.03 2015가단50421
소유권이전등기절차이행청구
Text

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

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

Reasons

1. Basic facts

A. H died on June 2, 2013, and as its bereaved family members, there are Plaintiffs who were their children.

H is the child of I, which was adopted on December 28, 1968 by J and K couple.

L(the death of March 6, 1991) is K's friendship (the death of March 22, 198) and the defendants are the bereaved family members at the time of the death of L.

B. The registration of ownership transfer was completed on July 24, 1961 with respect to the land of 3,091 square meters in Jeju-si (hereinafter “instant land”), and on March 27, 1962, the registration of ownership transfer was completed on March 27, 1962.

C. On the instant land, a wooden sloping roof house (hereinafter “instant house”) was newly constructed in around 1978, and the registration of ownership transfer was made in the future on March 21, 1995, and the registration of ownership transfer was completed on March 27, 2003. On November 3, 2011, the registration of ownership transfer was completed again on the ground of inheritance on June 2, 2013.

[Ground of Recognition] Facts without dispute, Gap evidence 1 to 10 evidence, 19 to 21 evidence (including each number), the purport of the whole pleadings

2. The plaintiffs' assertion

A. The claim for the transfer registration of ownership based on unjust enrichment was made between the 15 years old and the 15 years old and the 15 years old and the 15 years old to the death of K, with K as in fact her mother, and I promised to send her child to K when she results in her birth.

On July 24, 1961, the land of this case was transferred to I, but at the time, the actual owner who raised the sale fund was K, and K promised to transfer the ownership of the land of this case to the two under the condition that I sent children to K.

On March 27, 1962, KK had the title of the land of this case transferred to L, who is his father, to arbitrarily dispose of the land of this case.

I sent K on December 28, 1968 with H, one’s own children, and at the same time K, with the land in this case.

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