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(영문) 부산고등법원 2016.03.16 2015나54462
소유권이전등기 절차이행 등
Text

1. Of the judgment of the court of first instance, on October 12, 2004, the portion of 2/5 of the real estate stated in the attached Table No. 4 for the reason of donation.

Reasons

1. The reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows, except where the part of the judgment stated between Chapters 4, 16, 7, and 19 of the judgment of the court of first instance is stated in the reasoning of the judgment of the court of first instance, and the part of the judgment of the court of first instance for the acceptance of the judgment of the court of first instance as stated in the main sentence of Article 420 of the Civil Procedure Act.

“3. As to claims based on the agreement on division of inheritance, the Plaintiff asserts that the agreement on division of inheritance between the Plaintiff and the deceased, including the Defendant, was made in the form of renunciation of inheritance. As such, the Defendant is obligated to take the procedure for registration of transfer of ownership based on the agreement on division of inheritance regarding 2/5 shares of each of the instant real estate. The following circumstances recognized by the statement in the evidence Nos. 2 and 3, and Nos. 4 and 7, namely, ① the Defendant and the remaining children among the deceased’s successors, filed a report on renunciation of inheritance on June 7, 2012, but the Defendant withdrawn the report on renunciation of inheritance on June 14, 2012, the transfer of inheritance, and ② the Plaintiff, at any time before the completion of the registration of ownership transfer claim on each of the instant real estate, were made, the Plaintiff’s assertion that the agreement on the division of inheritance was not made. However, the Plaintiff’s assertion that the agreement on the withdrawal of inheritance was insufficient.

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