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(영문) 인천지방법원부천지원 2016.12.21 2016가단104168
소유권말소등기
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The deceased Q (hereinafter “the deceased”) died on November 6, 1985.

The Plaintiff’s share of inheritance is 2/7 in the remainder of the deceased, and the Defendant B’s share of inheritance is 3/7 in the south of the deceased.

The deceased’s heir had his own consciousness such as U, V, W, and net X, but at the time of the deceased’s death, Defendant B inherited more shares than other heirs (a lineal descendant, a female, etc., who is not the head of family), as a family heir, pursuant to the provisions of the Civil Act.

[See Evidence No. 1, No. 1, No. 1, etc.]

B. At the time of the deceased’s death, the deceased owned the “R 1,250m2” (hereinafter “the land before the division”) and “12,496m2” (hereinafter “the forest before the division”). The Defendant B completed the registration of transfer of ownership on the land before the division on November 20, 1985, the deceased’s death, based on a donation from November 19, 1985.

C. After that, the land before the subdivision was divided into several parcels, including the 138m2, Gimpo-si, and the land before subdivision was divided into “land after subdivision.” The forest before subdivision was converted into Yanpo-si, Yan-si, Yanpo-si, Yan-si, Yan-si, 1237m2, and was divided into “149m2” (hereinafter “the forest after subdivision”).

The Defendants, other than Defendant B, completed the registration of ownership transfer in their names, as stated in the purport of claim regarding land and forest land after the division from Defendant B by reason of sale, etc.

[Ground of recognition] Unsatisfy, Gap 1-13 evidence (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the above facts, the registration of the transfer of ownership under Defendant B as to the land and forest land before division, and the land and forest land after division (hereinafter referred to as “instant land and forest land”) was completed after the death of the deceased, who is the person responsible for registration, as well as the former owner and the person responsible for registration, as well as the donation, which is the cause for registration, was made after the death of the deceased.

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