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(영문) 울산지방법원 2020.08.18 2019가단114293

소유권이전등기

Text

1. The Defendants shall state on the Plaintiff the “share in inheritance” column in the attached Table 2 list among the real estate listed in the attached Table 1 list.

Reasons

1. Facts of recognition;

A. The deceased T’s inheritance relation network T (hereinafter “the deceased”) died on February 15, 1981, and the deceased (the deceased’s spouse), the Plaintiff A (the male and female) who is the spouse, Defendant J (the same in-house female), Defendant K, C, M, N,O, P, Q and U (the same in-house female) and V inherited.

On the other hand, as U died on December 1, 2009, Defendant E, F, G, H, and I inherited as his spouse, Defendant L, Defendant R, his child, and S inherited as his spouse died on August 21, 2018.

B. The Defendants’ shares in inheritance to the deceased are recorded in the inheritance shares column in the inheritance shares list in the attached Table 2.

C. On August 7, 1979, the deceased purchased real estate listed in the attached list No. 1 (hereinafter “the instant real estate”), and the aggregate building including the instant real estate obtained a building permit on August 7, 1979, and on December 8, 1981, the Ulsan Central Government approved the use of the said aggregate building.

After the death of the deceased, the Plaintiff paid the property tax of the instant real estate, and solely uses and benefits from the instant real estate by leasing the instant real estate.

[Ground of recognition] Defendant B, C, P, and Q: The absence of dispute, each entry (including the serial number) in the evidence A1 through 7, and the whole purport of the pleading as a whole, and the remaining Defendants except the above Defendants: Confession (Article 150(3) of the Civil Procedure Act)

2. The following circumstances revealed prior to the determination as to the cause of the claim and the evidence mentioned in the facts and the evidence mentioned in the above, the evidence stated in the evidence No. 9-1 and No. 2, and the purport of the entire pleadings, i.e., the Plaintiff continues to possess the real estate of this case after the death of the deceased, and there is no evidence to deem that the Defendants raised an objection thereto. ② On December 8, 1982, the Plaintiff registered a share on the right to the site of this case, and ③ the remaining Defendants except Defendant B, P, and Q did not dispute the Plaintiff’s assertion. Among them, the Plaintiff M and Q did not dispute the Plaintiff’s assertion.