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(영문) 광주지방법원 2020.01.07 2019가단503547
가등기말소
Text

1. The Defendants shall enter the Plaintiff’s shares of inheritance (attached Form 2) among each real estate listed in [Attachment 1] by each Defendant.

Reasons

1. Basic facts

A. The Plaintiff owns each of the real estate listed in [Attachment 1] list (hereinafter “each of the instant real estate”).

B. On August 29, 1956, Nonparty A entered into a sales contract with AI, the owner of each of the instant real estate, to purchase the instant real estate, and the provisional registration for preserving the right to claim ownership transfer registration (hereinafter “the provisional registration of this case”) was completed regarding each of the instant real estate.

C. AH died on December 30, 1985, and its inheritors are the Defendants, and the Defendants’ inheritance shares (attached Form 2 list) are the same as the Defendants’ inheritance shares.

[Ground of recognition] The entire purport of Gap evidence 1-1 and 2 between defendant L,O, U, AD and the plaintiff and the remaining defendants except defendant L,O, U, and D and the plaintiff are admitted as confessions pursuant to the main text of Article 150(3) of the Civil Procedure Act and the main text of Article 150(1) of the Civil Procedure Act

2. Determination as to the cause of action

A. The deceased AH’s right to claim for the transfer registration of ownership of each of the instant real estate was exercised on August 29, 1956, and the right to claim the transfer registration of ownership was extinguished by prescription as of August 29, 1966.

Therefore, the Defendants, the inheritors of AH, are obligated to cancel the provisional registration of this case against the Plaintiff seeking the cancellation of the provisional registration of this case as the owner of each real estate of this case, who is the owner of each real estate of this case, in accordance with their shares in inheritance by each Defendant.

B. The defendant U asserted that he was not the heir of the deceased father as he renounced his inheritance at the time of his death, but there is no evidence to acknowledge the fact of refusal of inheritance by the defendant U. U. U.U.'s above assertion is without merit.

3. The plaintiff's claim is justified.

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