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(영문) 부산지방법원 2016.11.16 2015나10759

소유권이전등기

Text

1. The plaintiffs' appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Facts of recognition

A. D owned the real estate listed in Appendix 2 and 3, and died on January 8, 1974.

B. The heir of D had wife E, son F, Namnam G, son and girls Plaintiff B, C, and C. The inheritance shares under the former Civil Act, which was in force at the time, were F6/17, G 4/17, Plaintiff B1/17, Plaintiff C, E, and H 2/17, respectively, and upon the death of March 22, 2004 by G, the Plaintiff, the only lineal descendant, inherited the inheritance shares of 4/17.

C. The F drafted a letter of agreement on the division of inherited property dated March 5, 2005 (hereinafter “the letter of agreement on division of inherited property”) stating that “The plaintiff shall transfer all inherited shares to F, waive all inheritance to D, and exclude all of the remaining property from inheritance even if the property is discovered later,” and that “The real estate listed in the attached Table 3 (hereinafter “real estate”) shall belong to F, and shall be KRW 100,000,000, respectively,” written on April 5, 2005.

F on March 8, 2005, with respect to the instant real estate, the F completed the registration of ownership transfer based on inheritance due to a division by agreement as of January 8, 1974, accompanied by the written agreement on division of inherited property of this case as the documents for application for registration.

F sold the instant real estate to the Intervenor joining the Intervenor (hereinafter “ Intervenor”), and completed the registration of ownership transfer in the name of the Intervenor on June 16, 2005. After which, the instant real estate was merged into the 12,455 square meters in Busan East-gu, Busan, and became the site of J apartment, and the Defendants completed the registration of ownership transfer regarding each apartment unit as listed in the table of attached Table 1, which was sold from the Intervenor.

E. Pursuant to the Agreement on the Abandonment of Inherited Property of April 2004, F filed a lawsuit against the plaintiffs on October 23, 2008 against the plaintiffs on October 2008, and the letter of the Agreement on the Abandonment of Inherited Property of April 2004 and the letter of this case.

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