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(영문) 광주지방법원 목포지원 2018.12.12 2018가단3364
소유권이전등기
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 plaintiff is the birth of the deceased C (hereinafter "the deceased"), and the defendant is the spouse of the deceased.

B. In accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Real Estate (amended by Act No. 7500, May 26, 2005; Act No. 881, Jan. 26, 2008; hereinafter “Special Measures Act”), the deceased completed each registration of ownership preservation as to each of the real estate listed in the separate sheet (hereinafter “each of the instant land”) in accordance with the separate sheet (i.e., each of the instant land; and (ii) by classifying each of the instant land, according to the sequence thereof, each of the instant land was registered on January 31, 2007.

C. On July 9, 2011, the Deceased died, and the Defendant completed the registration of ownership transfer on each of the instant land as the receipt of No. 46926, Oct. 13, 201, which was based on inheritance by agreement and division.

[Ground for Recognition: Unsatisfy, Gap evidence 1-3 (including each number; hereinafter the same shall apply)

(2) Each entry and the purport of the whole pleading

2. Determination:

A. The Plaintiff’s assertion and the Deceased, around October 2006, decided to register the preservation of ownership in the name of the Plaintiff and the Deceased’s joint ownership in accordance with the Act on Special Measures that had been enforced at the time with respect to each of the instant land, which was owned by the deceased’s husband and the deceased. The Plaintiff unilaterally completed the registration of the preservation of ownership in the name

Upon the plaintiff's assertion, the deceased agreed to pay to the plaintiff an amount equivalent to one-half of each of the lands of this case, but again agreed on September 5, 2009 to register the transfer of ownership for one-half of each of the lands of this case in lieu of the payment of the above money to the plaintiff.

(hereinafter “instant accord and satisfaction agreement”). Since the deceased died and the defendant inherited each of the instant lands independently and succeeded to the ownership transfer registration obligation of the deceased, the defendant shall take the procedure for the registration of ownership transfer based on the instant accord and satisfaction agreement with respect to each of the instant parcels of land to the plaintiff.

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