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(영문) 광주지방법원 2016.08.05 2015가단54993

소유권이전등기

Text

1. The plaintiff's claim against the defendants is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 8, 1990, I succeeded to the property of Defendant C and the second son, the first son, Defendant D, the third son, Defendant D, the fourth son, Defendant E, F,K, K, grandchildren (the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son on February 18, 200

B. At around March 7, 2002, I written an agreement on the division of inherited property with the following content.

1) Of inherited property, the real property is owned by Defendant C with respect to the building (house) and its ground (house) and 3002 square meters as well as the PP at the time of entry in Gwangju Northern-gu P. (hereinafter “P”).

2) Of inherited property, Q 321m2 and its ground (store, house, building site) among inherited property are owned by the Plaintiff.

3) Of inherited property, R forest land is owned by Defendant D and E jointly with 1/2,00 of the inherited property, 50,000 of the remaining inheritors (the deceased J, Defendant B, F, K, L), each by 10,000 square meters.

C. The Plaintiff, Defendant C, D, and E completed the registration of ownership transfer regarding the real estate inherited pursuant to the above agreement on division of inherited property around that time.

At the time of death, I owned G road 76m2, H road 13m2 and S road 17m2 at the time of death, but there was no content on each of the above roads.

[Ground of recognition] Facts without dispute, Gap evidence 7, Eul evidence 2, Eul evidence 4 through 6 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s heir’s assertion I had agreed not only on the inherited property but also G roads and H roads adjacent to the above land, but also on the sole inheritance. The Plaintiff omitted the content of each of the above roads in the agreement on division of inherited property.

Therefore, the Defendants are obligated to complete the registration of ownership transfer with respect to their legal inheritance shares among each of the above roads.

B. Determination 1: evidence Nos. 10 and 11, witness L’s testimony and pleading.