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Defendant
A. As to the portion of 1/40 of each land listed in the separate sheet to Plaintiff A:
B. Attached Form B to the Plaintiff.
Reasons
1. Facts of recognition;
A. The network D (hereinafter “the network”) owned 1/4 shares of each of the lands listed in the separate sheet (hereinafter “instant land”).
B. On June 11, 2001, the Defendant, a major deceased, completed the registration of ownership transfer based on sale on May 22, 2001.
The above transfer registration was made regardless of the deceased’s will when the deceased was hospitalized in the patient room although he did not sell the land of this case to the Defendant.
C. The Deceased died on June 21, 2001.
The deceased’s property heir as wife E and F, Plaintiffs, G, H and I, and the Plaintiffs’ dual-presidential system, K and K. The J died in 1996, and L and N, his wife, M and N, his wife, inherited the deceased on behalf of the deceased.
E As of June 5, 2002, after the death of F, Plaintiffs, G, H, and I inherited their women.
The plaintiffs' final inheritance shares in the deceased's property are 5/38 [2/19 (3/19 x 1/6].
On August 25, 2001, the Plaintiffs and F’ agents, the Defendants, G, H, and I drafted a written agreement that “as to the inheritance of the deceased’s property, the rights of 1/10 shall be transferred to the Plaintiffs, F, G, and H from among the 1/4 shares of the deceased’s ownership of the instant land.”
【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 5 (including virtual number), and the purport of whole pleadings
2. Determination:
A. According to the above facts, the registration of transfer of ownership in the name of the defendant as to the land of this case is null and void. Thus, barring any special circumstance, the defendant is obligated to implement the registration procedure for transfer of ownership based on the restoration of real name with respect to the plaintiffs, the heir of the deceased, among the 1/4 shares in the land of this case, as to the 1/10 shares in his/her inheritance (=1/40 shares),
B. The defendant has passed 10 years since the formation of the agreement on August 25, 2001.