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(영문) 인천지방법원 2018.10.10 2017가단19462

소유권이전등기말소등

Text

1. Defendant Bupyeong-gu, Incheon Metropolitan City: KRW 12,260,813 and its amount from August 10, 2018 to October 10, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 2, 1972, the network B completed the registration of ownership transfer with respect to the land of 18 square meters (60 square meters) prior to the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon, and the said real estate was divided into 14 square meters prior to the Incheon Bupyeong-gu, Incheon, and 46 square meters prior to D on June 2, 2003.

B. The deceased died on March 14, 197, and, on March 16, 1984, E claimed that he purchased 18 square meters prior to Incheon Bupyeong-gu C from the deceased on March 16, 1984, and on February 3, 2012, the deceased filed a lawsuit against the deceased on February 3, 2012 against the Incheon District Court 201Gadan9095 to seek the implementation of the procedure for the registration of ownership transfer of the two divided land.

In the lawsuit above, documents related to the lawsuit against the deceased were served by service by public notice, and E was rendered a favorable judgment and completed the registration of ownership transfer on October 12, 2012.

C. On June 29, 2016, the Defendant seized 14 square meters prior to the Incheon Bupyeong-gu Seoul, Bupyeong-gu, Incheon. On September 7, 2017, the Defendant received KRW 16,931,600 of the compensation for expropriation as the said land was expropriated in the F Housing Redevelopment and Improvement Project Association on September 7, 2017.

On the other hand, at the time of the deceased’s death, the deceased’s heir as well as wife G, had L, M, Plaintiff, N,O, P, who is a child between the deceased’s former wife of the deceased, including G, and Q and R, who is a child between the deceased’s former wife of the deceased. Thereafter, M, N, G die, and the Plaintiff died after the inheritance commencement, and the Plaintiff died among the inheritors, K, L,O, P, and Q and R, who were the inheritor’s children.

As of the date of closing argument of this case, the share of the real estate in this case is acquired and the share of each heir is as follows.

The heir’s first heir’s share in G 2/29 - G appears to have died after inheritance of M and N’s share in the deceased’s 6/29 shares as seen below. In other words, the agreement was reached on December 28, 1967 and was removed on June 29, 1968, and even on May 29, 1978, at the time of the deceased’s death, 2/292/29 J. 6/29. < Amended by Act No. 3748, Dec. 29, 299>