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(영문) 창원지방법원거창지원 2016.02.16 2015가단10917
소유권말소등기
Text

1. All of the plaintiff's lawsuits against the defendants are dismissed.

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

Reasons

1. Determination as to the lawsuit against the defendant B

A. We examine ex officio the legality of the Plaintiff’s lawsuit against Defendant B.

B. The facts raised by the Plaintiff against Defendant B on August 25, 2015 in the instant lawsuit seeking the implementation of the procedure for the registration of ownership transfer stated in the purport of the claim are apparent in the record. The Plaintiff has already filed a lawsuit against Defendant B prior to the filing of the instant lawsuit with the same content as this court No. 2015da1009, and the pending lawsuit is obvious in this court. Accordingly, the Plaintiff’s lawsuit against Defendant B is unlawful since it was filed in violation of the prohibition of double lawsuit under Article 259 of the Civil Procedure Act.

2. Determination as to each action against Defendant C and D

A. The following facts are recognized in full view of the respective descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the entire pleadings:

(1) On December 12, 1991, F sold the instant real estate owned by the Plaintiff for KRW 1,934,00,000,000 to F, and the Plaintiff paid KRW 3 million out of the purchase price to F on the day of the above contract, and the remainder KRW 1,634,00,000 to F on January 14, 1992.

(2) Meanwhile, after the death of F, Defendant B completed the inheritance registration under the name of F on November 19, 2001 with respect to the instant real estate for which ownership was registered under the name of F, and subsequently, on February 13, 2015, Defendant C and D completed the registration of ownership transfer for each one-half share of each of the shares (hereinafter “instant ownership transfer registration”).

B. The gist of the Plaintiff’s assertion was that the Plaintiff purchased the instant real estate from the deceased F, and thus, Defendant B, F’s heir, is obligated to complete the procedure for the registration of ownership transfer of the said real estate to the Plaintiff. Since Defendant B, not the Plaintiff, completed the registration of ownership transfer of this case to Defendant C and D, the Plaintiff subrogated Defendant B to preserve the right to claim ownership transfer registration against Defendant B.

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