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(영문) 서울중앙지방법원 2017.08.10 2015가단71946
가등기에기한소유권이전본등기절차이행청구
Text

1. All of the claims filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The Plaintiff (Counterclaim Defendant) against the Defendant (Counterclaim Plaintiff) B.

Reasons

1. Basic facts

A. The Plaintiff and the Defendants are children of the network D (Death on January 26, 2008) and network E (Death on June 13, 2014). At the time of the deceased E’s death, the Plaintiff and the Defendants were inherited property at the time of the instant land and of Seoan-gu, Seoan-gu, Seoan-gu, Seoul (hereinafter “F land”) 7074 square meters (hereinafter “G apartment”), and Seoul Seongbuk-gu G apartment 2 and 703 square meters (hereinafter “G apartment”).

B. As to the instant land and F land, the registration of ownership transfer was completed on June 17, 1983 on the ground of sale as of June 15, 1983, and thereafter, the registration of ownership transfer was completed on May 8, 1987 by the Daejeon District Court (Seoul District Court Decision 12860, April 6, 1987, and the reservation for sale as of December 14, 201, No. 13294, Dec. 13, 2011, and the provisional registration of the right to claim ownership transfer was completed on the Plaintiff’s future on the ground of testamentary gift as of June 13, 2014 (the provisional registration was cancelled on June 6, 2012).

C. With respect to G apartment, the registration of transfer of ownership was completed in the deceased E due to the death of the deceased D on January 26, 2008 due to the inheritance due to the consultation division as of January 26, 2008, and the provisional registration was cancelled on September 7, 2011 due to the trade promise as of September 6, 2011, and the provisional registration was cancelled on August 26, 2013, and thereafter on December 12, 2014, the registration of transfer of ownership was completed in Defendant B’s future on December 12, 2014.

On the other hand, on August 23, 2013, the Plaintiff and the Defendants cancel provisional registration that was completed in the name of Defendant B with respect to G apartment.

2. In case G apartment is disposed of or the mother’s return to the apartment, the disposal price or ownership shall be equally divided between the Plaintiff and the Defendants.

3. The Plaintiff shall cancel provisional registration based on the name of the Plaintiff on the F land that has its mother’s name, and if the F land is disposed of or its mother’s return to the F land, the disposal price or ownership thereof shall be equally divided into one-third of each of the Plaintiff and the Defendants.

“The Agreement was agreed.”

(e).

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