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(영문) 광주지방법원순천지원 2017.06.22 2015가단79076
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 (the deceased on December 6, 2014, hereinafter “the deceased”) married with D and maintained the Plaintiff, Defendant, E, and F.

B. The registration of ownership transfer was completed on October 7, 1991 under the name of the I council (the representative deceased; hereinafter “the instant council”) on the ground of the sale on January 26, 1991, with respect to the land of H 991 square meters in the summer-si, which was divided into G 6,491.6 square meters of G 6,000 m3,000,000. As to the land of H, the registration of ownership transfer was completed on October 21, 1991 with respect to one real estate listed in the separate sheet divided from the above H forest around October 21, 1991 (hereinafter “instant land”). The registration of ownership transfer was completed on February 14, 2005 on the ground of the sale on February 14, 2005.

C. On June 11, 1997, the deceased newly built 2 real estate listed in the separate sheet (hereinafter “instant building”) on the instant land, but died without completing registration of preservation of ownership, and on June 1, 2015, registration of preservation of ownership in the Defendant’s name was completed.

At the time of the above registration, co-inheritors, such as the Plaintiff, etc., attached a letter of agreement on the division of inherited property dated May 29, 2015 (hereinafter “instant letter of agreement on the division of inherited property”), stating that “The instant building owned by the deceased and the shares of 1/3 of the share of 529 square meters J at the time of leisure, shall be waived, and shall be owned by the Defendant” (hereinafter “instant letter of agreement on the division of inherited property”). The Plaintiff’s seal imprint affixed to the said letter of agreement.

[Ground of recognition] Facts without dispute, Gap evidence 1 to Gap evidence 8, Eul evidence 2-1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The Deceased purchased the instant land under the name of the Consultative Council from the time of leisure on January 26, 1991, and constructed the instant building on or around June 11, 1997, and subsequently, the Plaintiff infringed on the Plaintiff’s legal reserve of inheritance by donating the instant land and the instant building to the Defendant, and thus, the Plaintiff sought the return of the infringed legal reserve of inheritance against the Defendant. 2) Of the agreement on the division of inherited property.

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