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(영문) 광주지방법원 2018.05.29 2017가단26497
소유권이전등기말소등기
Text

1. The defendant shall make the Gwangju District Court with respect to the share of 14/119 of each of the real estate listed in the separate sheet to the plaintiff.

Reasons

1. Facts of recognition;

A. Each real estate listed in the separate sheet was owned D, and D died on November 13, 1997, and the Plaintiff’s inheritance shares, a child of D, are 14/119 shares.

B. The Defendant filed a lawsuit against the Plaintiff, asserting that the Plaintiff received legacy from the Plaintiff D with respect to the Plaintiff’s share of 14/119 (hereinafter “instant share of real estate”) of the Plaintiff’s inheritance shares among the respective real estate listed in the attached list, the Defendant filed a lawsuit against the Plaintiff, claiming that the Plaintiff implement the procedure of ownership transfer registration based on testamentary gift as to the instant share of real estate.

C. In the above case No. 2015da30188, the Defendant revised the Plaintiff’s domicile to E’s domicile, and the above court served a duplicate of the complaint and notice of date to the above address, and subsequently accepted the Defendant’s claim on December 17, 2015, and rendered a judgment without holding any pleadings that “the Plaintiff shall implement the procedure for ownership transfer registration for the portion of the instant real estate on November 13, 1997 with respect to the Defendant’s share of real estate.”

In addition, the above judgment was served on E’s domicile on December 28, 2015, and the petition of appeal was not submitted within two weeks thereafter.

On July 4, 2016, the Defendant completed the registration of ownership transfer (hereinafter referred to as “registration of ownership transfer of the instant co-ownership”) in the Defendant’s name as the 18849 registry office received from the Gwangju District Court.

E. On June 17, 2016, the Plaintiff filed an appeal for the subsequent completion of the judgment rendered without pleading. This court accepted the subsequent appeal and proceeded with the appellate trial as 2016Na4699, and on July 19, 2017, rendered a judgment dismissing the Defendant’s claim against the Plaintiff for the performance of the procedure for the registration of ownership transfer with respect to the instant real estate share, on the ground that “No evidence exists to prove that the deceasedD bequeathed the instant real estate share to the Defendant,” and the said judgment became final and conclusive around that time.

[Reasons for Recognition]

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