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(영문) 서울북부지방법원 2016.04.29 2015가단14959

소유권이전등기말소등기

Text

1. The Plaintiff:

A. Defendant B shall share 11.02/100 of each of the real estates listed in the separate sheet 1 to 14.

Reasons

1. Facts of recognition;

A. Defendant B completed the registration of transfer of ownership on each real estate (the total market price of KRW 89,026,048 at the time of the commencement of the D inheritance) listed in [Attachment List No. 1 to 14, May 16, 2008, as the receipt No. 7883, May 2, 2008, as the receipt No. 7883, May 2, 2008.

B. On May 16, 2008, Defendant C completed the registration of ownership transfer based on each of the real estate listed in the separate sheet (total market price of 88,963,824 won at the time of the commencement of the inheritance) owned by father E on May 16, 2008, as the head of the Daejeon District Court and the registry office of the Daejeon District Court, No. 7882, May 2, 2008, respectively.

C. E died on January 4, 2012, and the heir was the Plaintiff, the Defendants, D, and F.

At the time of E’s death, there were 1/2 shares (3,920 won at the time of the commencement of inheritance) among 7 square meters in Seocheon-gun G field, Seocheon-gun, Chungcheongnam-gun, and 1/2 shares (165,240 won at the time of the commencement of inheritance) among 108 square meters prior to H.

F was killed on March 23, 2013 in the state where no spouse or lineal descendant exists, and there was no property owned except inheritance shares in E’s inherited property.

E. D was dead on October 17, 2013 in a state where no spouse or lineal descendant exists. At the time of death, D owned each inheritance share of 1/2 shares (4,025 won at the time of commencement of inheritance), among 1/2 shares (178,220 won at the time of commencement of inheritance) and 1/2 shares (178,220 won at the time of commencement of inheritance) and E, and F’s inherited property.

F. The Plaintiff filed a claim with the Seoul Family Court for the division of inherited property regarding E and D’s inherited property under the Seoul Family Court Decision 2014Shap60.

On February 2, 2015, the said court rendered a judgment that “as to each of the 1/2 shares of Plaintiff 15/24 shares, Defendant B2/24 shares, C7/24 shares, and 1/24 shares of each of the 1/2 shares in Seocheon-gun, Seocheon-gun, Chungcheongnam-do, and H 108 square meters shares in the name of E, the said court divided the two shares into the shares of Plaintiff 15/24 shares, and the said judgment became final and conclusive around that time.”

recognized.