소유권이전등기
The plaintiffs' claims against the defendants are dismissed in entirety.
The costs of lawsuit shall be borne by the plaintiffs.
1. Facts of recognition;
A. Family relations and shares of inheritance 1) The deceased F (hereinafter “the Deceased”) died on June 24, 2018. The heir is the Defendant C, G, H, I, and D, the deceased’s spouse of the deceased J (the deceased died before the deceased’s her son’s son’s death), and Plaintiff B and K, the deceased’s children.
Defendant C, G, H, and I, respectively, 1/5, and 3/35 (i.e., the portion of inheritance 1/5 x 3/7) of the deceased, and Plaintiff B and K 2/35 (i.e., the portion of inheritance 1/5 x 2/7) of the deceased’s death.
2) Defendant D and E received a legacy as to inherited property from the Deceased as follows.
B. The deceased’s inherited property, gift, and testamentary gift 1) The deceased’s active property at the time of commencement of inheritance due to the death of the deceased is real estate as follows, and there is no small property.
At the time of the commencement of inheritance, the defendant asserts that since the land and the building owned by a third party, other than the deceased, are constructed on the AE land at the time of the strike that the land set forth in Nos. 1 through 4, 6, and 7 of the pertinent table and the land and the building owned by K are considerably restricted in the exercise of land ownership, the appraisal taking into account the restriction on ownership due to the above ground building should be reflected.
However, it is not confirmed whether the owner of the above ground building has the right to possess the land lawfully, and in the case of an illegal building, it can remove the obstacle of the exercise of ownership by seeking the exclusion of the disturbance based on ownership. Therefore, the appraisal price in the state where there is no restriction on ownership due to the ground building is reflected.
1 Pju, 1 P. 172,654,00 square meters of 645 square meters of 172,654,000 square meters of 49 square meters of 499 square meters of 1,033 square meters of 1,033 square meters of 357,418,000 P. 5 P. 32,034,0000 P. 6 P. 32,034,000 6 P. 43 square meters of 540 square meters of 540 square meters of 192,780,000 7 P. 597 square meters of 597 square meters of 597 square meters of 597 square meters in P. 2,286,296,000 P. 296,000 P. 9,000