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(영문) 대전지방법원 2012.07.26 2011나15467

소유권이전등기

Text

1. Of the judgment of the first instance court, the Plaintiff B, C, E, and the shares that order the implementation of the procedures for ownership transfer registration under the following subparagraphs.

Reasons

1. Basic facts

A. The deceased J (hereinafter “the deceased”) owned I’s land and died on October 5, 2003, and the plaintiffs, the defendant, and the co-defendant K in the first instance trial are the inheritors of the deceased.

B. On May 16, 1997, the Deceased prepared a testamentary document stating that the Defendant and the Joint Defendant K of the first instance trial and the notary public, and that the Defendant would testamentary gifted the land of the first instance court to the joint Defendant K of the first instance trial, and that the joint Defendant K of the second instance would testamentary gifted the land of the second instance court to the third 354.9m2 (hereinafter “L land”).

C. On October 5, 2003, the Defendant completed the registration of ownership transfer as the receipt of No. 78786 on October 21, 2003 by Daejeon District Court, Daejeon District Court on the ground of testamentary gift on October 5, 2003.

As the deceased owns, the cause of acquisition of the real estate currently owned by his co-inheritors and the appraised value at the market price at the time of inheritance shall be as follows:

On October 5, 203, Plaintiff A, as of the time of inheritance of real estate owned by the present owner, the appraised value of KRW 101,00,000 (No. 31,00,000), Plaintiff D on October 5, 2003, KRW 100,2539 square meters (No. 23,104,90 x 100 x 300/2539) (No. 23,000) as of KRW 23,00,000 (No. 23,04,90 x 100/2539) as of KRW 2,00, KRW 206, KRW 30, KRW 200, KRW 200, KRW 200, KRW 309, KRW 200, KRW 3939, KRW 2539, KRW 200, KRW 2539,003) as of KRW 25.

2. Judgment on the plaintiffs' claim for restitution of forced portions

A. The deceased’s assertion is that of the Defendant.