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(영문) 수원지방법원 2018.11.01 2017나72386
소유권이전등기
Text

1. The part of the first instance judgment against the Defendants shall be revoked.

2. All of the Plaintiff’s claims against the Defendants.

Reasons

1. Facts of recognition;

A. At present, Defendant B, network R and network S (hereinafter “T”) are currently registered as co-owned by shares of 1/3.

B. The deceased R’s heir has C, Defendant D, E (1975) and the deceased S’s heir has children H, G (1956), H, H, I, J, and K.

C. On February 10, 1951, the deceased on February 10, 1951, and the deceased N solely succeeded to the deceased M, and the deceased N has spouse O, children, Plaintiff P, Q, Q, and I.

On October 27, 2016, Defendant B, registered as co-owners of the instant land, sealed the Plaintiff’s letter of waiver of rights (hereinafter “each of the instant notes”) with the following content as follows.

Although the instant land was owned by the Plaintiff’s deceased M, it had been owned in several names, including Defendant B, but had been the same, to the Plaintiff, who was the inheritor, while taking the procedure to transfer the ownership of the instant land to the Plaintiff, Defendant B waives the Plaintiff’s right.

E. Defendant H signed and sealed on October 11, 2016, and Defendant D on October 26, 2016, respectively, a written confirmation of renunciation of inheritance (hereinafter “instant confirmation”).

The instant land was owned by the Plaintiff’s lighting, but it had been owned by several persons, including the deceased R (or S, hereinafter the same), but the deceased while undergoing the procedure to transfer the ownership of the instant land to the Plaintiff, who is the heir of the above M. The deceased’s heir. Although the circumstances were well known from the time of the deceased’s birth, the deceased’s heir did not directly transfer the ownership to the Plaintiff, who is the heir of the deceased M, due to the circumstances, and did not waive the inheritance of the deceased’s share to the instant land.

F. Meanwhile, the Plaintiff’s land on December 15, 2016 to Defendant B.

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