beta
(영문) 수원지방법원여주지원 2020.04.22 2019가단53971

소유권이전등기

Text

1. All of the plaintiffs' claims for the cancellation of ownership transfer registration against Defendant E, F, G, H, and I are dismissed.

Reasons

1. Basic facts

A. The non-party J (hereinafter referred to as the “the deceased”) was the owner of each real estate listed in the separate sheet No. 1 (hereinafter collectively referred to as the “each of the instant real estate”; when each of the instant real estate is individually named, the owner of 2,021 square meters (hereinafter referred to as the “K land”) and each of the instant real estate according to the sequence No. 1. Defendant D was the deceased’s wife, Defendant E, F, G, H, I, I, and non-party L (Death September 11, 1997). The wife, Plaintiff B, and C are the children of the deceased. The Plaintiff is the wife, Plaintiff B, and C of the said L.

B. On April 7, 2005, the Deceased prepared and delivered to the Plaintiffs a testament containing the contents on the legacy of each of the instant real property and K’s land (hereinafter “instant testament”). The specific form and content of the instant testament are as shown in the attached Form 3 testament.

C. On January 7, 2008, the deceased died, and as indicated in the [Attachment 2] List (e.g., “H” as indicated in paragraph (6)) of [Attachment 2], Defendant D, his wife, jointly succeeded to the deceased’s property at the rate of 21/105, Defendant E, F, G, H, H, and I 14/105, respectively. The Plaintiffs, as the children of the deceased, succeeded to the deceased’s property at the rate of 14/105 (i.e., Plaintiff A:6/105, ② Plaintiff B, and C: 4/105) in lieu of the deceased’s inheritance order.

On February 25, 2010, around two years after the death of the deceased, a written agreement on division of inherited property (hereinafter “instant agreement”) with the content that “each of the instant real property shall belong to the Plaintiffs, and K land shall belong to Defendant G and H,” was drafted. The upper end of the agreement of this case states, “In the case of inheritance commenced due to the death of the deceased, co-inheritors A, E, F, G, H, I shall consult to divide inherited property as follows, and the lower end of the date of preparation shall be excluded from Defendant D, on the same pen, the phrase “owner of inherited property”.