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(영문) 부산지방법원 2018.01.11 2016가단351340
소유권이전등기
Text

1. The defendant shall return legal reserve of inheritance with respect to one-eight share of the real estate listed in the attached list No. 1 to the plaintiff.

Reasons

1. Basic facts

A. Family relationship and inheritance 1) C married with D, and formed the Plaintiff, E, Defendant, and F. 2) C died on September 10, 1979, and C succeeded to D, Plaintiff, E, Defendant, and F.

3) D A deceased on September 7, 2015, and the Plaintiff, E, Defendant, and F inherited the property. B. The real estate listed in paragraph 1 of the attached Table No. 1 (hereinafter referred to as “real estate No. 1”).

(1) The first real estate was originally owned by C, and as C dies, the ownership transfer registration was made in D(6/21 shares), the Plaintiff (6/21 shares), E(4/21 shares), the Defendant (4/21 shares), F(1/21 shares) on March 5, 1981. On the same day, the Plaintiff, E, Defendant, and F(1/21 shares) purchased shares on February 25, 1981 as the grounds for registration.

2) Subsequent to March 6, 2006, the donation of the first real estate on February 27, 2006, as of March 6, 2006, became the cause for registration of ownership transfer in the Defendant’s future. C. The real estate listed in paragraph 2 of the attached Table (hereinafter referred to as “second real estate”).

(1) On February 28, 1994, 202, 20/208 shares were transferred to the Defendant on February 28, 1994, and the ownership transfer registration was made in the Plaintiff’s future on July 2, 2002.

2) Subsequent to July 13, 2015, among the 2nd immovable property on July 13, 2015, 47/52 shares owned by the Defendant (i.e., 188/208) (i., 5/52 shares), the ownership transfer registration was made in the G, and the Defendant’s shares became 21/26 (i.e., 42/52) shares. [In the absence of any dispute over recognition, the respective descriptions in subparagraphs 1 and 2, and the purport of the entire pleadings

2. The Plaintiff’s assertion D did not have positive and negative property at the time of death, and the Plaintiff did not have any property inherited to D.

D donated No. 1 real estate to the Defendant on February 27, 2006. On February 28, 1987, at the time of purchasing the 2nd real estate, D had the Plaintiff enter into a sales contract by ordering the Plaintiff to purchase the 2nd real estate, and the registration was also donated to the 2nd real estate in the name of the Defendant.

The defendant among the real estate in 1/8 shares (i.e., shares in 1/4 shares in inheritance x 1/2) and 21/206 shares in the defendant's shares in 21/206 x 1/8.

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