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(영문) 인천지방법원 2020.06.16 2018나68561
소유권이전등기
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) Plaintiff A, B, C, Defendant M, N, Network J, and RI are children between the network K (Death of April 6, 1987) and the network L (Death of April 29, 1987).

(2) On December 22, 2003, the deceased J (hereinafter “the deceased”) actually died without having a spouse or child on November 2, 2008, while completing the registration of ownership transfer in Q in the name of title trust with Q, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(3) On October 23, 2012, the Defendant prepared a written confirmation to the effect that each of the instant real estate was the co-inheritors’ joint property as the deceased’s inherited property.

(4) The Defendant completed the registration of ownership transfer on May 11, 2015 with respect to each of the instant real estate.

(5) M renounced inheritance to the deceased, and as the deceased I died on August 30, 2016, on December 28, 2016, N on the part of the Plaintiff D, E, F, and G, the spouse of the deceased I, N on December 28, 2016, and the above plaintiffs inherited the deceased’s inheritance shares in accordance with the statutory inheritance shares (N3/11, and each of the above Plaintiffs 2/11). N’s statutory inheritance shares (3/11) agreed to transfer the deceased’s inheritance shares in equal shares to Plaintiff D, E, and F.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including branch numbers for those with a branch number; hereinafter the same shall apply), witness Q's testimony, the purport of the whole pleadings

B. According to the above facts of recognition, each of the instant real estate was jointly inherited by the Plaintiffs and the Defendant, the co-inheritors of the deceased.

As such, the defendant is obligated to implement the registration procedure for transfer of ownership based on each of the agreements in this case with respect to the plaintiff A, B, and C as to the shares of 1/22 (i.e., shares of 1/6 x 3/11) in relation to the shares of 1/33 (i.e., shares of 1/6 x 2/11) in relation to the plaintiff D, E, and F, barring special circumstances.

2. The defendant.

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