logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2014.12.10 2014가합52664
소유권말소등기
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The plaintiff is a clan that is a joint set of Sk 17 descendants of the Republic of Korea.

B. On October 1, 1913, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”), among the real estate listed in the separate sheet (hereinafter “each of the instant real estate”; and on October 1, 1913, each of the instant real estate was under the name of U, V,W, X, Y, Z, and the instant real estate was under the name of U, V, X, Y, Z, respectively.

C. On January 28, 1965, the third real estate of this case was registered as co-owners of the 1/3 share of R, AB, and Defendant J on May 25, 1965, and among them, the R's share was registered as co-owners of the 1/3 share of the 1/3 share, and the ownership transfer registration was completed in the name of Defendant G on October 21, 1998 on the ground of donation, and the shares of Defendant J on January 9, 2008 on the ground of sale and purchase under the name of Defendant G, who is the ASEAN, and the shares of Defendant J were registered under the name of Defendant K on January 3, 201 on the ground of donation.

As R died on November 8, 199, Defendant C, G, H, and I, who was his wife, succeeded to the property of Defendant C, H, H, and I, and R was deceased on April 15, 1989, but Defendant E and F inherited AD as his child.

[The plaintiff alleged that the defendant D was the deceased spouse of AD, but the "spouse of the deceased person" under Article 1003 (2) of the Civil Code refers to the spouse continuously maintained the marital relationship with the married family even after the husband's or the wife's death. Thus, the wife who re-born after the husband's death or the wife's death cannot be the substitute inheritor in the order of the former wife. Thus, the defendant D had not the right of inheritance by representation since he remarriedd with AE on December 19, 190, which was before the death of R, before the death of the father.]

AB died on December 4, 2009 and succeeded to the property of the Defendant L, M, N,O, P, and Q, which are their children.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 through 9, 15, Eul evidence 2 and 3 (which include a serial number; hereinafter the same shall apply), and arguments.

arrow