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(영문) 창원지방법원통영지원 2016.12.22 2016가단21321
소유권이전등기
Text

1. Each of the plaintiffs' primary claims against the defendants is dismissed.

2. Defendant D shall list the Plaintiff’s attached list.

Reasons

1. Basic facts

A. The relationship between the parties 1) died on April 28, 1988, and the heir of the F made a report of marriage with the Defendant E on May 10, 1989. The above I reported of marriage with his wife G, son H, 2 South H, 3 South H, 4 South I, and son B.

3) The above H died on September 12, 1993, and his heir was Plaintiff C. 4) on September 21, 2005. The above G died on September 21, 2005. The final inheritance shares of the Plaintiffs, I, and Defendant D are as shown in the attached Form (Calculation Table).

B. 1) The Defendant D’s ownership of real estate refers to the ownership of each real estate listed in the separate sheet I and each real estate listed in the separate sheet II (hereinafter the above five real estate is referred to as “instant real estate”).

2) As to the Defendant’s application, the Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant’s Defendant

(2) Each registration of ownership transfer on the ground of inheritance due to consultation and division on April 8, 198 (hereinafter “instant registration of ownership transfer”) issued on April 20, 1990 as the receipt of No. 6722, April 20, 1990

(2) Defendant E completed each registration of ownership transfer as No. 28862, Dec. 28, 2006, with respect to each real estate listed in Appendix II.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. According to the plaintiffs' assertion of determination as to the cause of the claim, if the parties institute a lawsuit in the form of the primary and conjunctive consolidation, the parties shall regard both of the selective claims as a lawsuit for the preliminary consolidation of claims, which is limited to the priority and scope of the trial in the lawsuit.

Plaintiff’s assertion

1) On April 8, 1988, F’s inheritors, including the Plaintiffs, did not have any agreement on the division of the inherited property with Defendant D on the division of the inherited property with respect to the instant real estate. Moreover, at that time, there was no reason to divide the inherited property due to F’s surviving relationship with F’s survival, and there was no reason to divide the inherited property.

(2) The instant case.

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