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(영문) 서울남부지방법원 2015.07.02 2014가합108875
소유권이전등기
Text

1. The plaintiffs' primary claims and the first and second preliminary claims are all dismissed.

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

Reasons

1. Basic facts

A. The plaintiffs and the defendant are children of the network D (hereinafter “the network”).

B. On March 3, 2014, the Deceased died, and his heir was also a child E and F other than the Plaintiffs and the Defendant.

C.1) Meanwhile, on December 24, 1964, the Plaintiff completed the registration of ownership transfer on the land listed in paragraph (1) of the attached Table No. 1; on December 21, 1964, the registration of ownership transfer on the land listed in Paragraph (3) of the attached Table No. 3; on December 22, 1966, the registration of ownership transfer on the land listed in Paragraph (2) of the same Table was completed on December 22, 196; on February 23, 1972, the land listed in Paragraph (1) of the attached Table No. 1 was divided into G, H, I, J; and among them, the registration of ownership transfer was completed on the ground of the acquisition of the land listed in Paragraph (4) of the attached Table No. 1 for sale or public land consultation in the future, including Gyeonggi-do.

Attached Form

Land listed in paragraph 2 of the list was divided into K, L, M, and N, and among which L, M, and N, each ownership transfer registration has been completed due to the acquisition of the public land in the future, such as the Republic of Korea.

[Ground of recognition] Facts without dispute, Gap's 1 through 4, Gap's 7 through 9 (including each number; hereinafter the same shall apply), the purport of whole pleadings

2. The plaintiffs' assertion and judgment

A. The summary of the argument 1) At the time of death, the deceased did not have the property of the deceased, and the deceased donated the land indicated in the attached list to the Defendant, who was the child before his death, and the remaining children E and F donated the property of the deceased. 2) As a result, each shortage in legal reserve of inheritance of the plaintiffs is KRW 153,901,00, and among them, the part to be returned by the defendant to the plaintiffs is KRW 105,562,285, respectively.

3) In the part that can be returned primarily, the Defendant is obligated to implement the ownership transfer registration procedure with respect to each share of 105,562,285/892,837,00 of the land listed in the separate sheet among the land listed in the separate sheet, and the remaining part that cannot be returned (H, I, J, L, M.).

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