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(영문) 의정부지방법원 2017.07.21 2016나1862
소유권이전등기
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 26, 1943, the deceased C (hereinafter “the deceased”) was married to L, and was married to M on April 27, 1961, and formed F, D, G, and H, and was adopted by M, who was a child of M, and the K acquired between N, on December 20, 207.

B. Both L and M have died, and the Defendant is the wife of D.

C. On February 16, 2007, the Deceased prepared a testamentary deed (No. 1055, No. 2007, No. 2007, No. 1055, No. 2007, No. 2007, No. 2007, No. 1055, No. 2007, No. 2007, No. 1055, No. 2007, No. 200

1. The 31.4 square meters of a house of one story among the 4,939 square meters in SP-si, the 2,381 square meters in PP-si, the 4,251 square meters in PP-si, the 5,337 square meters in PP-si, the 694 square meters in PP-si, the 694 square meters in PP-si, the 292 square meters in PP-si, the 92 square meters in PP-si, the 91.07 square meters in PP-si, the 31.4 square meters in PP-si, the 91.07 square meters in PP-si,

2. The land in this case shall be bequeathed to the Plaintiff, H, F, D, and G with an O forest of 3,085 square meters (hereinafter “instant land”).

3. It shall be bequeathed to D one-half of the 7,668 square meters of Q2 forest land in Pakistan.

On the other hand, the Deceased entrusted the instant land to the Defendant on February 26, 2008, and completed the registration of ownership transfer under the name of the Defendant.

E. The Deceased died on April 1, 2008.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's primary assertion 1 A) all of the real estate owned on February 16, 2007 by the deceased were subject to a comprehensive legacy to the inheritor. As such, the plaintiff is a comprehensive donee with respect to the 1/5 share of the land of this case, and as a matter of course, acquired ownership of the above share on April 1, 2008 when the deceased died.

However, the defendant completed the registration of transfer of ownership in the name of the defendant with respect to 1/5 of the land in this case. The plaintiff is the owner with respect to 1/5 of the land in this case, and is the owner with respect to the above shares.

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