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(영문) 서울동부지방법원 2016.09.23 2015가단43852
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. Nonparty C (Death on May 16, 1969) and D (Death on February 18, 2015) are married couple who reported marriage on October 2, 1968. The Plaintiff (E) and Nonparty F (G), H (I), and Defendant (J) were registered in their family register as their children on the date of the above marriage report.

B. The network D bequeathed to the Defendant the real estate listed in the separate sheet (hereinafter “the instant real estate”) immediately before the death, and the Defendant completed the registration of ownership transfer on July 7, 2015 on the instant real estate due to testamentary gift.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 10, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion D was registered as the plaintiff's child in the family register as his child, and the recognition becomes effective. As such, the plaintiff has the right to inherit the deceased's property, and since the deceased D violated the plaintiff's right to legal reserve of inheritance of the real estate of this case due to the legacy of the real estate of this case to the defendant, the defendant is obligated to complete the registration of ownership transfer as to the 1/8 share of the real estate of this case on the ground of the return

B. 1) According to Article 1112 of the Civil Act, only a statutory inheritor may be a person entitled to legal reserve of inheritance. Article 1000 of the Civil Act provides that lineal descendants, spouse, lineal ascendants, siblings, and collateral blood relatives within the fourth degree of relationship may be a statutory inheritor according to the inheritance order. Article 882-2(1) of the Civil Act provides that both parties shall have the same status as the natural father of adoptive parent from the time of adoption. Thus, the legal heir may have the right to legal reserve of inheritance only when the Plaintiff is the natural father of the deceased D or the effect of adoption is recognized. (2) The entry of the family register in which the Plaintiff is presumed to be a legal inheritor according to the entry in the family register is legal.

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