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(영문) 수원지방법원평택지원 2019.02.21 2018가단60821
소유권이전등기
Text

1. The plaintiffs' claims against the defendant are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs and the defendant died on February 16, 2008 with children of the network E (hereinafter "the deceased"), and the network E died on February 16, 2008.

The deceased’s children are Plaintiffs, Defendant, F, and G.

F and G are the plaintiffs, the defendant and the two-dimensional shapes.

B. ① 28 square meters in Pyeongtaek-si H, ② 140 square meters in the first place, ③ 377 square meters before Pyeongtaek-si J, ④ 102/374 square meters in the 2,704 square meters in Pyeongtaek-si K, ⑤ 102/374 square meters in the 7,732 square meters in the land of Pyeongtaek-si, and ⑤ 102/374 square meters in the order of the deceased (hereinafter “second real estate”).

C. On August 27, 2007, the Defendant completed each registration of ownership transfer on August 14, 2007 with respect to the first and second real estate before the deceased’s birth.

On January 23, 2007, the Deceased prepared a testamentary document stating that shares of 102/374 shares among the immovables Nos. 3 and 4 and 5 shall be bequeathed to the Defendant. On March 25, 2008, the Defendant completed the registration of ownership transfer due to testamentary gift on February 16, 2008.

Plaintiff

A, M, N is the spouse of Plaintiff B, and M is the spouse of Plaintiff C.

on August 8, 2018, the Plaintiff completed each share transfer registration on August 7, 2018, with respect to shares of 12.8/374 among the 5 real estate.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including additional number), Eul evidence 1, the purport of the whole pleadings

2. On February 16, 2009, after the death of the Plaintiffs and the Deceased, the Defendant agreed to transfer 102/374 shares among the 4 real estate under the name of the Plaintiff, an inherited property, to the Plaintiff C, and to divide 102/374 shares among the 5 real estate into the Plaintiffs and the Defendant 1/4.

Nevertheless, the Defendant has a duty to inform the Plaintiffs of the share transfer registration regarding the share of 12.8/374 of each of the 5 real estate, that is, the portion which has not yet been implemented, that is, the Plaintiff C is obligated to provide each of the 102/374 shares out of the 4 real estate and the Plaintiffs with each of 12.7/374 shares (=102/374 x 1/4 x 1/374).

3. Determination is made, as alleged by the Plaintiff.

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