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(영문) 제주지방법원 2018.02.07 2017나10923
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. Between the network D and the network E are children of the network F, the Defendant, and the Plaintiff B.

B. The deceased on March 27, 1986, and the registration of ownership transfer was completed in the Defendant’s future on the grounds of inheritance on February 19, 2008 pursuant to the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (Act No. 7500, Mar. 27, 1986) with respect to 1,769 square meters (hereinafter “the instant real estate”) prior to the N in Seopo-si, Seopo-si, the deceased on March 27, 1986.

C. The deceased on April 19, 2013, and the deceased on April 19, 2013, and the deceased F’s heir of the deceased F is wife G, the Plaintiff A, son A, J, K, K, L, and M.

On December 21, 2016, the above inheritors entered into an agreement on the division of inherited property with the content that Plaintiff A independently inherited the netF with respect to the shares of 1/3 of the instant real estate.

【Ground of recognition】 The fact that there is no dispute, Gap's 1, 3 through 7, Eul's 1, and the purport of the whole pleadings

2. Summary of the parties' arguments

A. A. Around December 30, 2007, the Plaintiff’s assertion F, Plaintiff B, and the Defendant completed the registration of ownership transfer on the instant real estate under the name of the Defendant solely based on inheritance. The Defendant cannot dispose of the instant real estate without the consent of the network F, Plaintiff B, and one of the Plaintiff B, who wishes to sell 1/3 shares equivalent to the Plaintiff’s own shares, the Defendant drafted an agreement with the effect that the Defendant must cooperate with the procedure for transferring the registration (hereinafter “instant agreement”).

The defendant is obligated to implement the registration procedure for transfer of ownership with respect to each one-third portion of the real estate in accordance with the agreement of this case to the plaintiff Eul who succeeded to the property rights and obligations of the plaintiff Eul and the deceased F, who are the party to the contract of this case.

B. The defendant's assertion is that the plaintiff B and the defendant own 1/2 shares of the real estate of this case, and the net F will waive their inheritance shares, and the agreement is made in accordance with the content.

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