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(영문) 서울중앙지방법원 2019.09.05 2018가합545681

소유권이전등기

Text

1. Upon the primary claim, Defendant B’s real estate indicated in the [Attachment No. 3] list to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 1 to 5, 16, 17, 24, 25 (including each number, if any, hereinafter the same shall apply), Eul evidence Nos. 1 and 10:

1) The Plaintiff, Defendant B, and Nonparty E are F’s children. Nonparty G is F’s spouse. Nonparty C and D are Defendant B’s children.

Nonparty H is the spouse of Defendant B.

B. The registration of ownership transfer with respect to each real estate listed in the separate sheet 1) F is each real estate listed in the separate sheet 1 and 2 in the separate sheet 1 and 2, which was owned by I on July 31, 1998 (hereinafter “the real estate at issue of this case”).

(2) The Defendants completed the registration of transfer of ownership on the instant real estate registered under F on July 20, 2015, due to the gift made on July 20, 2015. < Amended by Presidential Decree No. 2617, Jul. 20, 2015>

3) Defendant B’s real estate listed in the [Attachment No. 3] No. 3, which was owned by F on December 27, 2016 (hereinafter “the instant unclaimed forest”).

(C) On December 26, 2016, F completed the registration of transfer of ownership on the ground of sale as of December 26, 2016. F’s death and inheritance relationship 1) F died on January 13, 2018, and as the first heir of the network F (hereinafter “the deceased”) there is Plaintiff, Defendant B, Nonparty E, and Nonparty G.

2. On May 28, 2018, the Defendants received a ruling to accept a declaration of renunciation of inheritance under the Seoul Family Court Decision 2018Ra1276, and E and G received the same year.

6. 8. The Seoul Family Court (Seoul Family Court) was rendered a ruling accepting a declaration of renunciation of inheritance as the Seoul Family Court 2018Jae-Ma2771.

On April 10, 2018, the Plaintiff, who solely inherited the deceased’s property, filed a report on qualified acceptance with the Seoul Family Court No. 2018-Ma2770.

2. Determination as to the Plaintiff’s claim for the transfer registration of real estate ownership against the Defendants of the Silung-si in this case

A. The Defendants, one of the primary claims asserted by the Plaintiff, give rise to the gift of the real estate owned by the deceased at the time of the Si of the instant case.