(영문) 대구지방법원상주지원 2016.05.18 2015가단8970

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(영문) 대구지방법원상주지원 2016.05.18 2015가단8970

소유권이전등기

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1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. 1) The deceased on September 21, 2013. The deceased on September 21, 2013 (Death around 2005), and Nonparty J, the deceased K (Death on January 25, 2013), the Plaintiff A, and the Defendant E were the husband of the deceased K, and the Plaintiff C and D were children between Plaintiff B and the deceased K.

B. On January 6, 2014, Defendant E completed the registration of ownership transfer for the reason of testamentary gift on September 21, 2013 with respect to the instant real estate, the ownership transfer of which was completed under H’s name.

H was the owner who completed the registration of ownership transfer concerning the instant real estate around 1964.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, and 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. The main point of the Plaintiffs’ assertion was that, since the Party H donated the instant real estate owned by one of the children to the Defendant, the Plaintiffs, some of the inheritors of H, seek to return the Plaintiffs’ legal reserve of inheritance regarding the said real estate to the Defendant.

B. 1) In the instant case, the plaintiffs are successors, and the facts that the defendant actually donated the instant real estate from H are as seen earlier, and there is no assertion or proof as to the existence of other properties to H, and barring any special circumstance, the defendant is obligated to implement the registration procedure for transfer of ownership based on the return of the legal reserve of inheritance of each of the instant real estate to the plaintiffs, barring any special circumstance. 2) Accordingly, the defendant asserted that the right to claim the return of the legal reserve of inheritance of the plaintiffs has expired by the statute of limitations.

According to the evidence No. 1, H, on April 3, 2009, prior to death, donated the instant real estate to the Defendant on April 3, 2009, and the said children confirmed that they were born born between H and I.

(No. 47 of 2009). The above No. notarial deed was returned to the plaintiffs in this case.

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