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(영문) 춘천지방법원강릉지원 2017.08.22 2016나50709

소유권이전등기

Text

1. The part of the first instance judgment against F, E, G, H, and I shall be revoked.

2. The plaintiff's correction of the indication of party by this court.

Reasons

1. Basic facts

A. The deceased S is the father of F, G, H, and I as the spouse of E, and is the father of F, G, H, and I and the Defendants.

F is the mother of Defendant T and U, and G is the mother of Defendant W, and H is the mother of DefendantY, Z and AA, and I is the father of Defendant AC.

B. On May 11, 1983, the network S purchased shares No. 1-1/10 of the fourth floor among the real estate listed in the attached list, which is an aggregate building, from the Defendant, and completed the registration of ownership transfer as to the portion of exclusive ownership on November 29, 190.

On the other hand, the network S did not complete the registration of ownership transfer as to 11.19/100,600 square meters out of 11.119/100, 600 square meters, which is part of the site of the instant container.

C. The deceased on March 9, 2010, and the F et al. reported the renunciation of inheritance to the Suwon District Court 2010 Madan871 on May 26, 2010 and received a judgment on the renunciation of inheritance from the above court on August 10, 2010.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-9 and 2-2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendants, who are the successors of the deceased S due to the renunciation of inheritance by the deceased S, F, etc., the heir of the deceased S, are obligated to take over from the Plaintiff each ownership transfer registration procedure on November 29, 1990 with respect to each 1/7 share of 11.19/100,60 square meters of 11.19/100, and 600 square meters of the land portion of the contact of this case, which correspond to the Defendants’ respective shares of inheritance, among the real estate listed in the separate sheet on November 29, 190.

3. As to the Defendants’ defenses, the Defendants asserted that they cannot respond to the Plaintiff’s claim since they renounced inheritance, and thus, the Defendants filed a declaration of renunciation of inheritance with the Suwon District Court 2016Ra2903 on December 14, 2016, and received a judgment of renunciation of inheritance from the above court on March 22, 2017, there is no dispute between the parties. Thus, the Defendants did not succeed to the deceased S retroactively on March 9, 2010, the starting point of inheritance.