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(영문) 대구지방법원 2016.09.01 2015가단13420

소유권이전등기

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1. All of the plaintiffs' primary and conjunctive claims are dismissed.

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

Reasons

1. Judgment as to the main claim

A. The plaintiffs' assertion and the defendant are the inheritors of the deceased E.

In a situation where the deceased was unable to express normal intentions, such as brain fluencing and suffering from dementia from January 2012, the deceased was Frush, and the Defendant completed the registration of transfer of ownership on March 12, 2014 on the ground of legacy, as if the deceased bequeathed to the Defendant.

Therefore, since the ownership transfer registration in the name of the defendant is null and void, the defendant is obligated to cancel it.

B. Since there is no evidence to support that the registration of ownership transfer in the name of the defendant was null and void as well as that the deceased E was unable to express normal intent at the time of testamentary gift, the above plaintiffs' assertion is without merit.

2. Judgment on the conjunctive claim

A. If the plaintiffs' assertion is valid, the defendant is obligated to perform the registration procedure for transfer of ownership with respect to shares of 1/19 per share based on the legal reserve of inheritance for 1/2 of inheritance by law.

B. According to the written evidence Nos. 2 through 6 of the judgment, the following facts can be acknowledged: (a) in addition to each real estate indicated in the attached list, the deceased’s heir’s property donated to, or inherited from, the deceased’s heir before his/her birth; (b) the above ground buildings; (c) H field Nos. 2,197 square meters; (d) 2,197 square meters; (e) 1,453 square meters; (e) JJ 89 square meters; (e) 1,989 square meters; and (e) 1,989 square meters; and (e) the above ground buildings; and (e) 9

Therefore, in order to determine whether the legal reserve of inheritance has been infringed, the deceased's inherited property, the property donated by the deceased before the deceased's death should be specified, and the market value and the amount of inherited property should be specified. The plaintiffs did not assert or prove that legal reserve of inheritance has been infringed.

Therefore, the plaintiffs have already received property exceeding the legal reserve of inheritance, or the defendant renounced the rights to the real estate in the name of the deceased without registration of inheritance.