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(영문) 전주지방법원 2016.10.18 2015가단21358
상속재산분할
Text

1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) was owned by Nonparty I, and the ownership transfer registration was completed on February 8, 1965 due to the sale as of August 5, 1940.

(hereinafter “instant transfer registration”). B.

The non-party J (K) died on May 23, 198 (hereinafter “the deceased”), the Defendant (mamb, Lins), who is his child, and the Plaintiffs inherited the deceased.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. Determination on the plaintiffs' claims

A. On February 8, 1965, the Plaintiffs held the title trust of the instant real estate to the Defendant on the part of the deceased on February 8, 1965, and the said real estate was jointly inherited by statutory inheritors. The Plaintiffs, who are the seller of the said real estate, shall seek cancellation of the ownership transfer registration of the said real estate in subrogation of Nonparty I’s legal successors, and at the same time seek the registration of ownership transfer of the said real estate in the future. However, it is not appropriate that this would compel the Plaintiffs to take a right-hand procedure (main claim). Thus, the Defendant is obligated to implement the ownership transfer registration procedure based on the instant final judgment according to the inheritance’s shares as stated in the attached Form 2 (main claim). Even if the family affairs were unable to file a claim with the Defendant for the ownership transfer registration procedure based on the instant final judgment, the Plaintiffs have the right to claim the ownership transfer registration against Nonparty I on the legal share of the instant real estate, so the Nonparty, Nonparty, F, G, and H on behalf of Nonparty 1, the above legal successors, by subrogation.

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