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(영문) 수원지방법원 안양지원 2018.06.07 2017가단108583
소유권확인
Text

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

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

Reasons

1. Basic facts - Net G (hereinafter “the deceased”) died on January 31, 2017, and the Plaintiff and the Defendants jointly inherited the deceased. -

The Deceased bequeathed the Plaintiff with H 24.9m2 and I 301.8m2 in Ansan-gu, Ansan-gu, the Plaintiff, and each of the above lands has an unauthorized building listed in attached Table 1 (hereinafter “the instant building”).

On March 7, 2017, the Plaintiff completed the registration of ownership transfer for each of the above land on January 31, 2017.

[Reasons for Recognition] Unsatisfy, Gap1-4 evidence (including attachment of a provisional number), Eul evidence 1, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Deceased, who asserted the primary claim, bequeathed each of the instant land and the instant building to the Plaintiff, but did not enter the instant building in the testamentary gift by mistake.

Therefore, the instant building was bequeathed by the Plaintiff, and thus, sought confirmation that the Defendants are entitled to ownership to the Plaintiff.

B. Since the building of this case’s conjunctive claim is jointly owned by the Plaintiff and the Defendants in proportion to their shares of inheritance, the Plaintiff is entitled to divide the instant real estate into the Plaintiff’s sole ownership upon filing a partition of co-owned property under

3. Determination

A. The evidence submitted by the Plaintiff on the legitimacy of the primary claim is insufficient to recognize that the Plaintiff received a legacy from the Deceased, and there is no other evidence to acknowledge this otherwise.

(However, the fact of testamentary gift between the Plaintiff and Defendant F is deemed to be a confession. Even if the Plaintiff received testamentary gift from the deceased, it does not directly acquire ownership, and thus, it is not possible to seek confirmation of ownership based on the obligatory right, in addition to claiming the performance of testamentary gift.

Inasmuch as the instant building was bequeathed, the Plaintiff’s assertion that acquired the ownership of the instant building is without merit.

In addition, the testamentary gift shall be implemented.

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