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(영문) 서울서부지방법원 2016.11.25 2014나32971
진정명의등기(청구권확인)
Text

1. In accordance with the primary claim added in the trial, among F. 198 square meters, Dong-gu, Chungcheongnam-gu, Incheon Metropolitan City, and the Plaintiff:

A. Defendant B, C, and.

Reasons

1. Facts of recognition;

A. The Plaintiff’s attached G (hereinafter “the decedent”) died on February 12, 2013. At the time of the death, the heir is the Defendant E, the Plaintiff, Defendant C, D, and the deceased’s spouse, and H and J, the deceased’s children, the deceased’s spouse, K and the deceased I’s children, the deceased’s spouse.

B. On December 30, 2011, the deceased I died. On October 15, 2013, H, who is the deceased I’s child, filed a lawsuit seeking confirmation of “the existence of paternity relationship between the deceased I and the decedent” as the Daejeon Family Court’s Support 2013Ddan50562, and the said court rendered a judgment to confirm the existence of paternity relationship between the deceased I and the decedent on February 13, 2014, and the said judgment became final and conclusive around that time.

[Reasons for Recognition] The entry of evidence Nos. 1 and 2 and the purport of the whole pleading

2. Judgment on the main claim

A. The Plaintiff asserted that the land of this case was donated by the inheritee, and that the Plaintiff sought implementation of the procedure for ownership transfer registration against the Defendants, the primary inheritor of the inheritee.

B. The facts that the Plaintiff donated the instant land from the decedent on December 26, 2002 are not disputed between the Plaintiff and the Defendants who are the parties to the instant case. The Defendants were inherited by the Plaintiff the obligation to implement the procedure for ownership transfer registration of the instant land due to the reason that the decedent was donated.

Therefore, the Defendants are obligated to implement the registration procedure for ownership transfer on the ground of donation on December 26, 2002 to the Plaintiff within the scope of the Defendants’ share in inheritance as to the land of this case.

(Calculation of Shares in Inheritance by Defendant is as shown in the attached Form). The plaintiff's primary claim is reasonable within the extent of the above recognition.

3. Judgment on the conjunctive claim

A. The plaintiff asserted against the defendants that there is no ownership or right to claim for registration of the land of this case, and the plaintiff selectively has ownership or right to claim for registration of the land of this case.

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