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(영문) 서울중앙지방법원 2020.01.10 2018가단5178294
소유권말소등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Facts of recognition;

A. Plaintiff A is the spouse of the network D, and Plaintiff B is the child of Plaintiff A and the network D.

B. On January 14, 1994, the network D completed the registration of ownership transfer on March 19, 192, with respect to each of 2/13 shares of each of the real estate listed in the separate sheet (hereinafter “instant land and building”).

C. The network D died on February 3, 2014.

Since then, at the request of the plaintiffs, who are the successors of the network D, on June 10, 2015, the ownership transfer registration for 2/13 shares of the instant land and buildings registered in the network D was completed on December 3, 2013 in each of the defendant's future (hereinafter "the ownership transfer registration of this case").

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. 1) Determination as to the cause of claim: (a) The registration of transfer of ownership filed under the name of the former owner after the death of the former owner; (b) although the cause of registration exists; (c) while the former owner has not yet filed an application for registration, if the predecessor lives in the case where the inheritance has commenced with the person liable for registration, the predecessor’s application for registration would be filed; or (d) except where the former owner’s or his/her agent dies before the registration is completed after the registration is received by the registry official and the registration is completed; and (e) there is no room to acknowledge the burden of presumption of the relevant registration (see, e.g., Supreme Court Decision 2003Da3157, Sept. 3, 2004).

Therefore, barring special circumstances, the Defendant, to Plaintiff A, the heir of the network D, = 6/65 shares in the instant land and buildings = 2/13 of the network D shares x 13 of the Plaintiff.

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