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(영문) 부산지방법원 2016.11.17 2016나44025
소유권이전등기
Text

1. The plaintiffs' appeal and the preliminary claims added in the trial are all dismissed.

2. Claim for costs of appeal.

Reasons

1. Basic facts

A. Between the deceased I (Death on December 17, 2012) and the deceased JJ (Death on January 13, 2015), there are South-Nam K (the Defendant’s referring), the South-Nam net L (Death on January 7, 2007), 3 South-Nam, D, 4 South, and 5 South Korea Plaintiff F. The Plaintiff A is the deceased L’s wife, Plaintiff B, and Plaintiff C, and the Defendant is the children of the deceased L.

B. On June 2, 2011, the real estate listed in the separate sheet (hereinafter “instant real estate”) owned by the network I (hereinafter “the instant real estate”) was transferred to the Defendant on June 7, 201 under the receipt of No. 17127 on June 7, 201.

[Ground of recognition] Facts without dispute, evidence A1 through 4 (including each number), the purport of the whole pleadings

2. The plaintiffs' assertion

A. On June 2, 2011, M and the Defendant, as the wife and the wife of K in the primary claim, were the Defendant, and around June 2, 201, had I am with the second-class illness, and had I am under the influence of alcohol, and had I am under the influence of alcohol, and had I am under the influence of alcohol and receive I am under the identification card, etc. with the Defendant’s vehicle as a nearby Dong office. Using I’s seal under the custody, I transferred the registration of ownership of the instant real estate by reason of donation through a certified judicial scrivener office.

Therefore, since the above ownership transfer registration is registration of invalidity of cause, the defendant is obligated to implement the ownership transfer registration procedure based on the restoration of real name in relation to the plaintiffs' respective shares in inheritance of the real estate in this case to the deceased's heir or substitute heir.

B. Since the instant conjunctive claim is the only inherited property of the deceased I, the Defendant is obligated to implement the registration procedure for ownership transfer with respect to the shares entered in the column of “legal reserve” in attached Form 3, 1/2 of the inheritance of the instant real estate, as stated in the Plaintiffs.

3. Determination

A. The primary claim Nos. 5 to 8 (including each number) and the result of the first instance court’s personal examination of Plaintiff F.

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