logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 평택지원 2018.02.23 2017가단53048
소유권말소등기
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 deceased D (Death on January 5, 2012, hereinafter “the deceased”) and the deceased E (Death on December 27, 2015) had seven children, including F, A (Plaintiff 1), B (Plaintiff 2), C (Defendant), G, H, I, etc. under the chain.

B. On May 12, 2004, the Deceased: (a) a notary public bequeathed to the Defendant the real estate listed in the [Attachment No. 1 to No. 564, No. 2004, as a notary public’s certificate of Pyeongtaek Law Firm; (b) a testamentary executor designated Nonparty J; and (c) a witness was J and Nonparty K two.

C. On June 8, 2004, the Deceased bequeathed on the part of a notary public to the Defendant the real estate stated in the attached list No. 670, No. 2004, and the executor and the witness B.

for the purposes of paragraph (1)

(hereinafter referred to as the “instant legacy”) D in total.

Attached Form

The registration of ownership transfer under the Defendant’s name (hereinafter “each of the instant lands”) was completed on April 24, 2012, No. 15732, which was received on April 24, 2012, with respect to each of the instant real estate listed on the list (hereinafter “each of the instant lands”), and individually, on the land indicated on the list 1 “L land”, and the list 2 through 4 “M land” were completed on January 5, 2012.

E. The Plaintiffs filed the instant lawsuit on March 22, 2017.

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 3, Eul 2, and 3, the purport of the whole pleadings

2. The parties' assertion

A. The summary of the plaintiffs' claims was withdrawn from around 1969 and resided in Seoul, and the plaintiffs B were living in Australia around 1986 and did not know that the deceased was the testamentary gift of this case around 2004.

The Deceased called the Defendant that the Defendant d's d' before her birth was the blood of his parent, and M's land was sold so that it was divided between the siblings.

The Plaintiffs became aware of each of the instant registrations of ownership only after obtaining a certified copy of the register of land around the end of 2016.

The instant legacy infringed the Plaintiffs’ right to forced inheritance.

arrow