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(영문) 서울고등법원 2017.08.18 2016나2002374

소유권이전등기

Text

1. Of the instant lawsuit, each of the ancillarys listed in Sections 5, 7, and 11 of the Schedule of Attached Property 1 added by this Court.

Reasons

1. Facts recognized;

A. The relationship between the status of the parties (1) the network H (hereinafter referred to as “I”) had the Defendant C, the first child, and the second child’s net J (Death on August 20, 1984) and the Plaintiff, who is his father.

(2) Defendant D is the wife of Defendant C, and Defendant E and F are children of Defendant C and D.

(3) The Defendant Scholarship Association is an incorporated foundation established for the purpose of supporting the scholarship program and the academic research program, and obtained the establishment permission on August 28, 1969.

The representative of the Defendant Scholarship Association was the Council from the date of its establishment to January 13, 1984, and thereafter the Defendant C is the defendant C.

B. The heir and the share of inheritance (1) of the deceased H died on August 26, 1968.

(2) The deceased H’s heir was the Plaintiff, Defendant C, and the deceased. The heir’s share of inheritance by each heir was equally divided, pursuant to Article 1009(1) of the former Civil Act (amended by Act No. 3051 of Dec. 31, 197), Article 1009(1) of the former Civil Act (amended by Act No. 3051 of Dec. 31, 197).

However, where the heir of property succeeds to family at the same time, the share of inheritance shall be added to 50 percent of the inherent share of inheritance, and the share of female shall be 1/2 of the share of inheritance of male.

Pursuant to A, the Plaintiff 1/6, Defendant C 3/6, and the GJ 2/6.

C. Before the process of the transfer of the ownership of each of the instant real estate in the name of the registry (1) and each of the instant real estate (Ga), the relevant land was originally owned by the network H, with the number, land category, and area of AB large Q 109.1 square meters [the relevant land shall be specified only in this paragraph (1)] (2) AB large 43 square meters, (3) AC large 43 square meters, (9.9 square meters, (4) AD large 43 square meters, (5) AE large 113.4 square meters, (6) AF large 59.5 square meters, and (7) AG large 20.8 square meters.

With respect to the above seven parcels of land, ① on December 31, 1969, the Yongsan-si Office, Law No. 46031 of Dec. 31, 1969, and August 22, 1968, the registration of ownership transfer was completed in the future of the Defendant Scholarship Association on the ground of donation. ② The registration of ownership transfer was completed in the Defendant C’s future on the ground of December 18, 1984, No. 89517 of Dec. 18, 1984, and December 18, 1984.

(B) AH level prior to the combination of lots of land.