지분이전등기 말소등
1. The plaintiffs' primary claims and conjunctive claims are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The deceased E (hereinafter “the deceased”) who was the owner of each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) died on February 22, 2013. The deceased’s heir is the Plaintiffs (i.e., the heir’s share of inheritance due to inheritance) who were the children of the father F, who died earlier than the deceased, (ii) the Defendant (i.e., the heir’s share of inheritance due to inheritance) who was the wife of G (i.e., the deceased), the deceased’s wife (i., the heir’s share of inheritance due to inheritance), and H (i.e., the decedent’s shares of inheritance)
B. As to each of the instant real property, “the sale on July 6, 2007,” which was before the deceased died, the registration of the ownership transfer under the name of the defendant on July 9, 2007, as stated in the primary purport of the claim.”
(ii) the proceedings have become final and conclusive. [The facts that there is no dispute over recognition, the entries in Gap evidence 1 to 3, 11, and 12, and the purport of the whole pleadings.]
2. Judgment on the main claim
A. The registration of this case alleged as the cause of the claim in collusion with the deceased and the defendant, or completed with the documents in the name of the deceased forged by the defendant, and thus, the defendant is liable to implement the procedure for registration of cancellation by inheritance shares of the plaintiffs as to each of the real estate of this case.
B. It is not sufficient to acknowledge each of the above arguments solely with the descriptions of Gap evidence Nos. 7 through 10, and there is no other evidence to prove otherwise.
Therefore, the plaintiff's above assertion is without merit.
3. Determination on the conjunctive claim
A. The transfer registration of this case is based on the donation to the Defendant by the deceased, which infringes on the legal reserve of inheritance against the plaintiffs who are the inheritor of the deceased. Thus, the defendant is obligated to implement the transfer registration procedure for ownership transfer based on the return of legal reserve of inheritance with respect to shares of 1/18 (each share of inheritance x 1/2) among each real estate of this case.
B. From among the co-inheritors 1, there is a person who has made a special benefit by means of a pre-sale donation of property from the inheritee.