beta
(영문) 광주지방법원 2017.08.16 2016나58559

소유권이전등기

Text

1. Revocation of the first instance judgment.

2. With respect to the area of 19,686 square meters prior to I in the Jeonnam-gun:

A. Defendant F is the Plaintiff A. 13.

Reasons

1. Basic facts

A. On April 9, 1940, K completed registration of initial ownership relating to 19,686 square meters (before division: J forest before division; hereinafter “instant land”).

B. K died on August 15, 1946 and succeeded to the land in this case by his son L, his son, and died on March 5, 1956, and his son, his son, again succeeded to the land in this case, and L and M did not complete the registration of ownership transfer as to the said land.

C. On June 3, 1970, N, the south of M, completed the registration of ownership transfer (hereinafter “registration of this case”) on the ground that the land of this case was purchased from K on December 5, 1961 in accordance with the former Act on Special Measures for the Registration, etc. of Ownership of Forest Land (amended by Act No. 2111, May 21, 1969; repealed on December 19, 2008; hereinafter “Special Measures Act”).

N on April 9, 2014, the Defendants, one-third of their own children, completed the registration of ownership transfer (hereinafter referred to as "registration of each share of this case") based on donation with respect to each of the shares of this case among the land of this case.

E. In relation to M’s death date, each of the following is written on February 12, 1970 for the OCcom World and his cemetery tombstones (Mumbae, 193 March 19, 1970) and on July 2, 1971 for a certified transcript.

M’s statutory heir and statutory heir’s share in inheritance are 2/29 in accordance with the Civil Act, which was in force at the time (amended by Act No. 3051 of Dec. 31, 197), the denying P is 1/29 in accordance with the Civil Act, 6/29 in son’s family heir N. 6/29, 1/29 in son’s married couple, 4/29 in son’s Plaintiff B, E, Q, R, 4/29 in each of them, 3/29 in each of them, and 2/29 in each of them.

After that, after R died on August 24, 1998, P inherited the above 4/29 shares solely, and P became 6/29 (i.e., 2/294/29). However, P died on August 16, 2002 and seven children inherit the above 6/29 shares each by 6/203 shares.

Therefore, the final statutory inheritance shares in M’s property are N 48/203 = 6/203=6/296/203), Plaintiff A 13/203=1/203=6/203), Plaintiff B, E, and Q, respectively (=4/203=4/296/203).

참조조문