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(영문) 서울중앙지방법원 2015.01.15 2014가합24483

소유권이전등기

Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

Basic Facts

On December 27, 1985, the inheritance relationship E of the Plaintiffs died and died on December 22, 1985, and as his wife, G, H, the Defendant, the Plaintiffs, and I (hereinafter “the inheritance due to the death of E”) and thereafter F died on October 22, 2009.

The ownership relationship E with the instant real estate, etc. was owned by Seongbuk-gu Seoul Metropolitan Government JJ 30 square meters and above-ground buildings, K 597 square meters and L 237 square meters, and Seongbuk-gu Seoul Metropolitan M&D 490 square meters at the time of death.

On March 25, 1986, the registration of transfer of ownership in the name of F (6/21 shares), G (1/21 shares), Defendant (6/21 shares), Plaintiff B (4/21 shares), and I (4/21 shares) was completed due to the inheritance of each of the instant real estate. Among them, the ownership transfer relationship after the inheritance of the instant real estate is as follows.

Of the instant real estate, the Defendant independently owned the instant real estate due to (i) the sale and purchase of shares in the name of G, Plaintiff B, and I on January 21, 1988; (ii) the transfer registration of shares in the name of each of the Defendant was completed on July 23, 1999 due to the donation made on July 22, 199, with respect to F shares in the name of each of the Defendant on the grounds of the donation made on July 22, 199.

On May 12, 2009, the registration of transfer of N's shares in the name of the defendant's wife was completed on the ground of the gift dated May 12, 2009 with respect to one-half shares in the instant real estate.

[Reasons for Recognition] A, Gap 1, 4, 5 (including each number), Eul 7, 9, 11, and 13 each statement, the purport of the whole pleadings, and the purport of the whole pleadings by the plaintiffs as to the plaintiff A, who had resided in the U.S. at the time of March 1986, agreed to the plaintiff A, who renounced inheritance for the convenience of documents and registration procedure due to the inheritance of this case, at the time of March 1986, the subsequent settlement of the shares was made. The plaintiff A renounced inheritance in accordance with the above settlement agreement.

Therefore, pursuant to the above settlement agreement, the Defendant is an amount of 157,161,60 won (=the value of the instant real estate 98,2260,000 won = the value of the instant real estate x 321 square meters x the officially announced land value as of January 1, 2013 x the amount of 3,060,000 square meters x the Plaintiff’s share x 157,161,60