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(영문) 제주지방법원 2016.06.24 2015가단7823

소유권이전등기 말소

Text

1. For the plaintiffs:

A. Defendant D is the Jeju District Court on June 2013 with respect to one-third share of J orchard 2,372 square meters in Jeju-si.

Reasons

Basic Facts

A. Defendant D, F, G, H, I and network C (Death on December 26, 1975) are children of the network L.

Plaintiff

A is the children of the network C, the plaintiffs B are the children of the defendant I, and the defendant E is the children of the network K.

B. On December 16, 2005, on the other hand, a notary public, who takes up an authentic deed No. 1039 of 2,372 square meters in Jeju-si, J-su-su 2,372 square meters (hereinafter “the instant orchard”) with a content that bequeathed 1/2 shares of the net L in 1/3 shares, respectively, to the Plaintiffs, as Han-do Law Firm. < Amended by Act No. 10393, Dec. 2005

C. Defendant D, on June 7, 2013, with respect to the portion of 1/3 of the instant orchard from the deceased L on June 7, 2013,

5. 31. Completion of the registration of ownership transfer based on sale.

The network L died on January 16, 2015, and the defendants and children of the network K inherited the network L, and their inheritance shares are 1/7 shares, respectively.

Since then, the deceased C died on November 9, 2015, and M&, a child of the deceased C, and the Plaintiff A filed a report of renunciation of inheritance with the Jeju District Court on November 19, 2015, which was after the deceased of the deceased C, and on January 7, 2016, the said report was accepted (2015 sembar866).

Therefore, the Defendants became co-inheritors of the network C, and their inheritance shares are 1/6 each.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 4 (including a provisional number; hereinafter the same shall apply), and the plaintiffs asserted in the purport of the whole pleadings by the parties to the dispute have been bequeathed 1/3 of the instant orchard from the deceased L, so the successors of the deceased L are obligated to register the transfer of ownership with respect to 1/3 of the instant orchard, and Defendant D transferred ownership to the plaintiffs in the status of being incapable of making decisions with respect to the relevant portion without the network L's alz's alz's alz's alz's alz's alz's alz's alz's alz's alz's alz's alz's al

Defendant D and G’s assertion that the instant orchard was purchased, and the network L is 719 square meters in total.