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(영문) 부산지방법원 2015.01.08 2014가단12757
소유권이전등기
Text

1. The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. As stated in the grounds for the instant claim as corrected in the separate sheet (However, the date of death D is October 16, 2012, and the date of death E is February 23, 201), part of the primary claim 1;

2. Each fact shall be subject to no dispute between the parties.

2. On December 20, 2010, the judgment network E as to the primary claim, there is no evidence to acknowledge that the Plaintiff donated 1/4 shares of the instant real estate to the Plaintiff.

Therefore, the Plaintiff’s primary claim against the Defendants premised on the above donation cannot be accepted without further need to view it.

3. Judgment on the conjunctive claim

A. On the premise that the Plaintiff is the deceased E’s child, the Plaintiff sought the Defendants to implement the procedures for registration of ownership transfer based on the return of their respective shares of 1/32 (1/2 x 1/16) among the instant real estate, and the Defendants asserted that the Plaintiff cannot assert the legal reserve of inheritance because the Plaintiff is not the deceased’s relative. The Plaintiff asserts that, once the Plaintiff reported the birth of the Plaintiff as the deceased’s natural father during marriage, it is effective as adoption between the deceased E and the Plaintiff, as long as the deceased reported the birth as the deceased’s natural father during marriage.

B. Therefore, as alleged by the plaintiff, there is no evidence to support the fact that the deceased E had the deceased D report of the birth of the plaintiff under the intention to create the relationship between the plaintiff and the adoptive parent, as pointed out by the deceased, and the defendant, and there is no evidence to support the fact that the deceased E had the deceased D report of the birth of the plaintiff. Thus, the above birth report has the effect of adoption and the plaintiff's assertion on the conjunctive claim premised on the adoption of the deceased E is not accepted without any need to further view.

4. In conclusion, the plaintiff's primary and conjunctive claims against the defendants are without merit, and it is so decided as per Disposition.

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