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(영문) 창원지방법원 2019.11.28 2018가합56667
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. On July 15, 1981, the network K (hereinafter “the deceased”) died and succeeded jointly to the property of the Plaintiffs, their wife A, their children, and the Defendant, L, and M, who jointly succeeded to the property of the deceased.

Inheritance shares of co-inheritors under Article 1009 of the Civil Act (amended by Act No. 4199 of Jan. 13, 1990) enforced at the time of the commencement of inheritance are as follows:

Plaintiff A’s shares in the status of inheritance related to name inheritance (which was within the same family at the time of commencement of inheritance) 1/35 Plaintiff B’s 1/35 Plaintiff B(which was not within the same family at the time of commencement of inheritance) 1/35 Plaintiff C’s 6/35 Plaintiff C and Australia’s 6/35 Plaintiff D3 women (which was not within the same family at the time of commencement of inheritance) 1/35 Defendant C (I), 4/35 Plaintiff H 4/35 Plaintiff H 3/35 Plaintiff H 4/35 Plaintiff E 4/35 Plaintiff 4/35 Plaintiff 5 (which was within the same family family at the time of commencement of inheritance) (which was within the same family family at the time of commencement of inheritance) 4/35 Plaintiff F 6 (she was within the same family family at the time of commencement of inheritance

B. At the time of the death of the deceased, the deceased had the right to claim the registration of ownership transfer against the building of 20 square meters in total and 238 square meters in the building of Yan-si Kimhae-si, Kimhae-si (hereinafter “the land before the instant partition”) and the broke-si and the vegetable-type 20 square meters in total, and N-owned Kimhae-si, Kimhae-si.

C. On July 14, 1984, the land before the instant subdivision was changed and divided into JJ 61 square meters (hereinafter “the instant land”) and 2,314 square meters in PP in Kimhae-si (hereinafter “the instant land 2”). On the same day, the ownership transfer registration for the instant land was completed on July 15, 1981 based on the inheritance shares in the names of the Plaintiffs, the Defendant, L, and M, according to the respective inheritance shares, as to the instant land 12 in the names of the Plaintiffs, and the Defendant, L, and M. The ownership transfer registration was completed on the following grounds: (a) the Plaintiffs on the instant land 12 and L, and each share in M were traded on the same date.

N Concerning the 238 square meters (hereinafter “the third land of this case”) owned by Kim Jong-si, Kim Jong-si, the name of the defendant is the name of the defendant on May 9, 1986 for the same day.

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