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(영문) 부산지방법원 2016.05.19 2015가단237669
소유권이전등기
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The deceased C (hereinafter “the deceased”) died on August 27, 2009. The deceased’s heir is the Plaintiff, D, E, and F, the deceased’s spouse.

B. On December 14, 2009, the Defendant completed the registration of ownership transfer based on inheritance by consultation and division on August 27, 2009 with respect to each real estate listed in the separate sheet No. 1, which is the deceased’s inherited property (hereinafter “instant real estate”) and each real estate listed in the separate sheet No. 2.

C. On January 27, 2015, the Defendant completed the registration of ownership transfer on each real estate listed in the separate sheet No. 2 list on January 27, 2015, based on donations on January 27, 2015.

On December 14, 2009, the Defendant registered the preservation of ownership for the five-story buildings (e.g., wedding building) above each real estate listed in the separate sheet No. 2 list, but completed the registration of the transfer of ownership for D, E, and F on January 27, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4 (including additional number), the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion that the defendant, around December 2009, caused the death of the deceased, by deceiving the plaintiff, D, E, and F to divide the deceased's inherited property according to statutory inheritance, and completed the registration of ownership transfer in the name of the defendant on December 14, 2009 with respect to the deceased's inherited property including the real property of this case on the ground of inheritance by consultation and division.

On January 27, 2015, the Defendant, without knowledge of the Plaintiff, excluded the Plaintiff from real estate listed in the separate sheet No. 2, which is the inherited property of the Deceased, and donated 1/3 shares to D, E, and F, respectively.

The defendant's gift against D, E, and F violates the promise to divide the deceased's inherited property into the legal share of inheritance. At the time of the division of inherited property consultation, the defendant had already excluded the plaintiff and had the intent to dispose of inherited property at will.

Accordingly, the plaintiff is served with a duplicate of the complaint of this case.

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