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(영문) 청주지방법원 2017.04.20 2016가단104241
소유권이전등기
Text

1. On April 2016, each of the real estates Nos. 1 and 2 listed in the separate sheet with respect to one-eight shares among the real estates.

Reasons

1. Facts of recognition;

A. On December 20, 1942, the network E (hereinafter “the deceased”) married with the network F, and set up the Plaintiffs, the Defendant, and the network G with their children under that chain.

B. G died on September 4, 1987, and F died on September 22, 2015, and E died on December 3, 2015, and the Plaintiffs and the Defendant inherited the deceased’s property at the ratio of 1/4, respectively.

C. However, on July 30, 2001, the Defendant completed the registration of ownership transfer on the ground of donation on July 28, 2001 with respect to each of the real estate listed in Paragraph 1 of the Disposition No. 1 (hereinafter “each of the instant donated real estate”).

In addition, on May 10, 1979, the defendant completed the registration of ownership transfer based on the sale on February 20, 1974 and the registration of ownership transfer based on the sale on November 20, 1974 with respect to the real estate listed in No. 3 of the attached list by the Act on Special Measures for the Registration, etc. of Ownership of Real Estate (hereinafter “Special Measures Act”).

(hereinafter referred to as “each of the special circumstances of this case”. E., each real estate listed in the [Attachment Nos. 3 and 4]

Meanwhile, on April 27, 2016, a copy of the complaint of this case containing the plaintiffs' expression of intent to recover legal reserve of inheritance was served on the defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 7 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. On May 10, 1979, the Defendant asserted that the portion of the claim for each of the special provisions real estate of this case was made by the Defendant on May 10, 1979, and the registration of ownership transfer for each of the special provisions of this case was made under the Special Coordination Act. In light of the fact that the Defendant is merely 18 years of age and H’s statement, etc., it is reasonable to deem that the Deceased was actually donated to the Defendant. As above, the Defendant received each of the special provisions of this case from the Deceased, as the Defendant received the donation from the Deceased,

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