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(영문) 서울중앙지방법원 2013.11.29 2012가합82379
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. F’s (i) On August 24, 1988, the F was killed on the part of the property collected from G, H, and Defendant D, both of which were the birth of the F and the land ownership at the time of the death and death of the F.

The deceased F (hereinafter the Deceased)’s heir was the Plaintiffs, Defendant C, and I, who were their children, and the Plaintiff A divorced on December 1, 1981, and the Plaintiff B divorced on February 2, 1989.

At the time of the death of the Deceased, the real estate, the ownership transfer registration of which was completed, shall be as follows:

(1) The land or shares of several lots in Guro-gu Seoul Metropolitan Government, ② the land of several lots in Yongsan-gu Seoul Yongsan-gu and L and buildings on L, ③ the land of two lots in over Ma, ③ the land of two lots in over Ma, ④ the land of several lots in N in Namyang-si, Namyang-si.

On the other hand, the real estate for which the registration of ownership transfer was completed in the defendant who was the south of the deceased at the time of his death is as shown in the attached list.

(Attachment List No. 1) The registration is completed at least after the date of entry in the [Attachment List No. 1]. On June 23, 1988, a witnessO and P before the death, he shall make an oral will with the participation of the witnessO and P, and the summary thereof shall be as follows:

Of the shares of land or land registered in the name of the deceased, ① the shares of the land and land in the Guro-gu Seoul Metropolitan GovernmentJ, ② the building on the land and part of the land in Yongsan-gu Seoul Metropolitan Government and L, ③ the shares of 20/100 out of the two lots of land in Overcheon-si, ④ the shares of 20/100 out of the various lots of land N in Namyang-si, ⑤ the shares of Q& corporation operated by the deceased, ⑤ the shares of 12,952 shares of Q& corporation, and the shares of 124,171 shares of R& corporation shall be bequeathed to the defendant C.

Since the Defendants and I distributed a lot of legacy to the Defendants and I, they are excluded from inheritance or testamentary gift.

B. (i) Shares of land excluded from testamentary gift on February 22, 1989, that is, 80/100 shares out of the two parcels of land in Overcheon-si M, and 80/100 shares out of the total parcels of land N in Nam-gun, Namyang-gun.

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