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(영문) 수원지방법원 2016.09.27 2015가단5091

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The registration of transfer of ownership in the name of the deceased F (hereinafter “the deceased”) has been completed with respect to Suwon-si E, Suwon-si, Suwon-si (hereinafter “the instant land”). On February 17, 2005, the registration of transfer of ownership in the name of the defendant was completed as of February 18, 2005 as of February 17, 2005 (hereinafter “the instant donation”).

B. Thereafter, on August 19, 2014, G-type 51 square meters was combined with the instant land, and E-type 293 square meters was located. The instant land, among the land after the annexation, is the part (A) part on a ship connected each point of the following points in the attached Form 1, 12, 4, 5, 6, 7, 7, 8, 9, 10, 11, and 11.

C. The Deceased died on June 11, 2005, and the Plaintiffs and the Defendant are children of the Deceased.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiffs' assertion

A. At the time of the donation of this case, the deceased at the time of the donation of this case as to his primary claim, the donation of this case is null and void.

Therefore, the part concerning the registration of ownership transfer of the land in the name of the defendant, excluding the defendant's shares in inheritance, should be cancelled as the registration of invalidation of cause. Since the plaintiffs acquired ownership of 1/4 shares of each of the land in this case as the heir of the deceased, the defendant is obligated to implement the registration of ownership transfer for each of the above shares due to the recovery

B. Even if the conjunctive claim is valid, the gift of this case infringes on the plaintiffs' legal reserve of inheritance, so the defendant is obligated to implement the registration procedure for transfer of ownership with respect to each one-eight share of the land of this case as the return of legal reserve of inheritance to the plaintiffs.

3. Determination

A. Determination of Gap's primary claim is based on Gap's evidence 7, Eul's evidence 2-1, 2, and Eul's evidence 3, witness H and I's each testimony, and witness J's some testimony.