소유권이전등기절차이행
1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why this Court shall explain this part of the facts of recognition are as follows: “Defendant I” No. 6 of the second judgment of the court of first instance is the same as that of the corresponding part except for Defendant B’s dismissal. Thus, this Court shall accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The Plaintiff’s assertion Defendants are the wife and children of the network H, a member of the network F.
As the network H died on June 5, 2002, the Defendants renounced the right to inheritance by representation against F, and expressed an agreement division with F to have the inheritance shares as the sole ownership of the Plaintiff, and even at the end of 2010, the Defendants reaffirmed the above intent.
Since F has died on September 24, 2014, the Defendants are obligated to implement the registration procedure for ownership transfer on the instant real estate due to the agreement on the division of inherited property.
3. The waiver of inheritance, including legal reserve of inheritance, can only be made within a certain period after the inheritance commenced and its effect is limited to those subject to certain procedures and methods, such as reporting to the Family Court. Thus, the waiver agreement made before the commencement of inheritance shall not be effective as it does not follow such procedures and methods.
Therefore, even if one of the inheritors has agreed to waive inheritance to the inheritee at the time of the inheritee’s survival, insofar as he did not waive inheritance in accordance with the procedure and method prescribed by the Civil Act after the commencement of inheritance, claiming his inheritance right after the commencement of inheritance does not constitute an abuse of rights as a legitimate exercise of rights or a exercise of rights contrary to the good faith principle.
(see, e.g., Supreme Court Decision 98Da9021, Sept. 24, 1998). In light of the above legal principle, even if the assertion of the Plaintiff by the Health Team in this case itself is based on the assertion of the Plaintiff, the Defendants renounced the inheritance before the death of the GF, and the Plaintiff’s death after September 24, 2014.