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(영문) 전주지방법원 2018.10.18 2018나131

소유권이전등기

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1. All appeals filed by the plaintiffs are dismissed.

2. The costs of appeal are assessed against the Plaintiffs.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The deceased on December 5, 1950, the deceased on December 5, 1950, and his children were the deceased L(Nam), the plaintiff A(Seoul), and the plaintiff B(Seoul). The deceased deceased on the deceased on December 5, 1950, and the deceased on the deceased on the deceased on the deceased on the deceased on the deceased on the deceased on the family.

With respect to the inheritance commenced before the enforcement of the current Civil Code (Article 25(1) of the Addenda of the Civil Code and Article 11 of the Decree on the Civil Affairs of the Joseon), the inheritance that started before the enforcement of the current Civil Code shall be based on customs (Article 25(1) of the Addenda of the Civil Code and Article 11 of the Decree on the Civil Affairs of the Joseon), in case where

B. The real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) was owned by the network K. The deceased L completed the registration of preservation of ownership of the instant real estate around 1971.

C. The deceased L was killed on April 20, 1985, and Defendant C and the remaining Defendants, the wife of the deceased L, have completed the registration of ownership transfer on April 20, 1985, based on the inheritance shares, with respect to the share in the separate sheet No. 2 of each of the instant real estate as to each of the instant real estate as to the shares in the separate sheet No. 521, Jan. 20, 1993, No. 521, Apr. 20, 1985.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination as to the cause of action

A. According to the customary law applicable to inheritance before the enforcement of the current Civil Code, if the family head dies, the head of South Korea succeeds to the entire heritage at the same time as the family inheritance, and 1/2 of the following persons are obligated to acquire by himself/herself and distribute the remainder equally to all children other than South Korea.

Therefore, the deceased L is the duty to distribute the inherited property to the plaintiffs who are South and North Korea as the family heir of the deceased K [the remaining shares 1/4 of the real estate of this case (=the remaining shares 1/2 of the deceased L 1/2 of the real estate of this case x 1/2 of the plaintiffs who are South and North Korea x 1/2 of the plaintiffs who are South and North Korea x 1/2). The defendants succeeded to the duty to distribute the above shares as the deceased heir. Thus, the defendants succeeded to the duty to distribute the above shares.