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(영문) 대전지방법원천안지원 2016.11.16 2016가단100535

소유권말소등기

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1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The parties’ relationship 1) L L is each real estate listed in the separate sheet around 1974 (hereinafter “each real estate of this case”).

(2) The land before subdivision and the land before subdivision shall be 2,836 square meters (hereinafter referred to as “land before subdivision”).

(B) N around September 13, 1990, died on November 10, 1974, and L died on November 10, 1974, and there was a wife N (O, P, Defendant B, and Defendant C as his heir. 2) N died on September 13, 1990, and there was an heir, P, Defendant B, and C.

The O died on November 2, 2005, and there was Defendant E, F, G, H, H, I, J, and K, the heir of the child.

Defendant D is the wife of Defendant C.

3) On December 11, 2014, P died on and after the death of December 11, 201, and there was the Plaintiff, R, S, and T as the inheritor. P’s heir agreed on the division of inherited property of P on December 22, 2015, and the Plaintiff’s inherited property included each of the instant real estate in the property that the Plaintiff agreed to inherit. (b) The instant case was owned by Defendant C, F, G, H, I, J, J, and K against the Plaintiff, etc., and filed a lawsuit seeking implementation of the procedure for the registration of ownership transfer with respect to the land before the division for which the registration of ownership transfer was completed to P on September 2012.

In the relevant case, the Plaintiff asserted that there was an agreement on the division of inherited property with the content that L’s heir would succeed to the land before the division, in which case L’s heir would inherit the land before the division.

2. "P and Defendant C completed the registration of ownership transfer of part of L's land, and agreed on the division of inherited property with each other, and thereafter, O and Defendant B received KRW 1 million each from P on February 1, 1978 and granted their respective seal impressions to P, thereby giving up the exercise of their right to co-ownership of L's inherited property, and N also intended for P and Defendant C to have L-owned land.