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(영문) 서울중앙지방법원 2017.06.29 2016가단5240355
소유권이전등기
Text

1. As to the Plaintiff’s share of Defendant B, and D, 18/378 square meters in Seoul Jung-gu, Seoul, with respect to the Plaintiff, Defendant C, and E, respectively, and 3/378 square meters in size.

Reasons

1. Facts of recognition;

A. The Seoul Jung-gu Seoul Central District Court (hereinafter “instant land”) owned a net G (Death on December 10, 1968) and H, the head of the net G, transferred the respective 2/9 shares of 3/9 shares, 3/9 shares, 1, 3 South Korea, 4 South and North Korea, J inherited the respective 2/9 shares.

B. H’s transfer agreement on September 2, 1974 to I (1/9), the Plaintiff (1/9), and J (1/9) on September 2, 1974 (hereinafter referred to as “transfer agreement on September 2, 1974”) by transferring one-third of his/her share to I (1/9), the Plaintiff (1/9), and the J (1/9).

(3) On October 28, 198 and October 7, 2011, H’s 18/126 shares out of H’s above co-ownership were transferred to Defendant B, D, and C, and E, with respect to each of the 18/126 shares out of H’s above co-ownership on the ground of inheritance (i.e., shares). D., on the ground of a transfer agreement on September 2, 1974, 1/9 shares out of the above co-ownership of H on May 10, 2013 (i.e., shares of Defendant B, D 36/756 shares, and C, E6/7/756 shares, and each of the above shares was transferred to C, K (70/756 shares) and L(14/756 shares) on the ground of inheritance, and thus, the remaining shares were included in C/3/183/78/197/37/78 of the shares (i.e., shares) shares of Defendant C, 3636/7/7/18/7/7/198/7/7/3).

each entry, the purport of the whole pleading

2. Determination

A. According to the above facts, barring any special circumstance, Defendant B and D are obligated to implement the procedure for the transfer registration of ownership on September 2, 1974 with respect to each share of 18/378 among the instant land, and Defendant C and E with respect to each of 3/378 shares, respectively, for the transfer agreement.

B. Determination as to the Defendants’ assertion 1 on September 2, 1974 by the Plaintiff.

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