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(영문) 대구지방법원 2020.07.22 2019나323843
소유권이전등기
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The registration of ownership transfer in the name of the Plaintiff and the Defendant’s mother with respect to Daegu Northern-gu C and its ground E-Housing F (hereinafter “C Housing”) was completed, and the registration of ownership transfer in the name of the Plaintiff was completed on November 2, 2010, the Daegu District Court (Seoul District Court No. 49580, May 25, 2008) as to the inheritance due to the consultation division, and the registration of ownership transfer in the name of G was completed on November 15, 2010 as the Daegu District Court No. 51937, Oct. 20, 2010.

B. Of each real estate listed in the separate sheet (hereinafter “H housing”), each registration of ownership transfer was completed in the name of the Plaintiff, Defendant, etc. on November 12, 2010, the Daegu District Court received as of November 12, 2010, No. 36460, Oct. 20, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 7 (including each number, if any) and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) The Plaintiff’s claim is the property used to preserve the child’s father’s mountain, and the Plaintiff, the South-North-do, inherited it solely from D and did not complete the registration according to his father’s decoration that died around 2008. In order to raise the purchase fund of H house, the Plaintiff sold the Plaintiff’s house to another person. In order to transfer the registration of the C house, the consent of all other co-inheritors, including the Defendant, etc. was required, and if it is not possible to obtain consent, the Defendant and other co-inheritors should bear the penalty of KRW 31 million regarding the C house sales contract. Accordingly, upon the Defendant’s request, the Plaintiff agreed to transfer 1/7 shares of H house to six persons, including the Defendant, instead of giving consent to the transfer of the registration of the C house (hereinafter “instant agreement”).

Accordingly, the registration of ownership transfer of C Housing and H Housing has been completed as in the above facts.

Therefore, the agreement of this case shall bear penalty.

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