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(영문) 의정부지방법원 2016.11.09 2015가합56441
소유권이전등기 말소등기 이행청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) who was the owner of each real estate listed in the separate sheet (hereinafter “instant land”) died on March 2, 1981. At the time of the death, the deceased was the deceased’s heir (hereinafter “D”), the Plaintiff, the Defendant, and E, the spouse of the deceased.

B. On September 2, 1981, after the death of the Deceased, the registration of ownership transfer was completed for each of 3/10 shares of the instant land among the Plaintiff and D in the future, and for each of 2/10 shares of the instant land among the Defendant and E in the future.

C. Of the instant land on September 2, 1981, the transfer registration for shares of the Plaintiff, D, and E was completed on September 2, 1981 on the ground of sale on September 2, 1981 by the family court of Jung-gu District in the name of the Defendant, the family court of Jung-gu was completed on September 2, 1981.

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

2. Determination

A. The Plaintiff’s assertion 1) The Defendant did not conclude a share purchase contract with the Plaintiff on August 6, 1981 with respect to the instant land. However, on September 2, 1981, the Defendant completed a share transfer registration with respect to 2/10 of the instant land owned by the Plaintiff on September 2, 1981. Since the Defendant’s share transfer registration with respect to the instant land is null and void, the Defendant must execute the procedure for the cancellation registration of share transfer with respect to 2/10 of the instant land. (2) The Defendant’s assertion that ① On September 2, 1981, when D deceased’s death, the Defendant inherited the property of the deceased and transferred the Plaintiff’s share to the Defendant as to the instant land at the time of division, and thus, cannot be deemed null and void.

② Around 2010, the Defendant entered into a settlement agreement with the Plaintiff to pay money equivalent to the Plaintiff’s share of inheritance among the inherited property of the Deceased. From that time to December 2013, 2013, the Defendant paid KRW 1,048,958,500 to the Plaintiff.

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