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(영문) 수원고등법원 2019.11.28 2019나12851
소유권이전등기
Text

1. The judgment of the first instance, including the claims modified by this court, shall be modified as follows:

The defendants are the defendants.

Reasons

1. Basic facts

A. On or around March 1950, the net C was distributed three parcels of farmland, such as farmland of approximately 1,000 square meters (hereinafter “D land”) prior to D in Yong-si pursuant to the former Farmland Reform Act (amended by Act No. 4817, Dec. 22, 1994; hereinafter the same) and of approximately 348 square meters (hereinafter “the land in this case”). The land in this case was divided into 1,150 square meters (hereinafter “the land in this case”).

B. In the course of repayment of the aforementioned distributed farmland, the distribution farmland by the network C was changed to the instant land, the FMM 703 square meters (hereinafter “FF land”) and the G PP 1,178 square meters (hereinafter “G land”).

C. The deceased on Aug. 22, 1957, the deceased on Aug. 22, 1957, the deceased H, a family heir, solely inherited the property.

On May 20, 1965, the network H completed the registration of ownership transfer based on the completion of redemption on December 20, 1958 with respect to F land and G land among the above distributed farmland.

The plaintiff (designated parties, hereinafter referred to as "the plaintiff") and the designated parties (hereinafter referred to as "the plaintiff, etc.") are the successors of the deceased H, and the specific inheritance relationship is as follows:

The history of Article 1009 of the Civil Code, which is a provision on statutory shares of inheritance applied below, is as follows.

Article 1009 (1) of the former Civil Act (amended by Act No. 3051 of Dec. 31, 1977 and enforced January 1, 1979) where there are several successors of the same order, their shares of inheritance shall be equally divided.

However, where the heir of property succeeds to family at the same time, the share of inheritance shall be added to the 50 percent of the inherent share of inheritance, and the share of female shall be 1/2 of the share of inheritance of male.

(2) The share of inheritance for a female not in the same family register shall be 1/4 of the share of inheritance for a male.

(3) The inherited portion of an inheritee shall be 1/2 of the inherited portion for male and shall be succeeded jointly with lineal ascendants, when it is inherited jointly with lineal descendants.

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