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(영문) 인천지방법원 2017.02.08 2015가단243179
소유권이전등기
Text

1. As to the Plaintiff, Defendant B, C, and D’s respective share of 1/5 shares in the grounds for appeal against the following facts: Defendant B, C, and D’s respective share of 2678m of forest Jin-gun, Incheon, Incheon, and Defendant E

Reasons

1. Basic facts

A. L purchased each forest land of this case on April 10, 1938 and completed the registration of ownership transfer on April 28, 1938.

B. L died on July 9, 1959, and the head of the family at the time of the death was M as a final agent.

C. At the time of death, N was married and was not located in the same family register with the deceased N, the South-North Korea Plaintiff and Defendant B, Defendant C,O, and Defendant D. However, at the time of death, N was not in the same family register.

C On September 25, 1961, the Defendant F, G, H, and I were married with Defendant E, and died on September 27, 2010.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, and 3 and the purport of the whole pleadings

2. In cases where a male who is not the head of a household dies before the current Civil Act enters into force, the property is jointly inherited by his/her lineal descendant, and in cases where his/her lineal descendant is a female who is not within the same family register as that of the inheritee, the custom of the Republic of Korea that

(See Supreme Court Decision 2012Da52588 Decided August 20, 2014, etc.). Accordingly, according to the above basic facts, the Plaintiff, Defendant B, C, D, andO inherited each of the instant forest owned by the network L, one-fifth equity, and Defendant E inherited each of the instant forest owned by the Plaintiff, Defendant C, D, andO. Following the death of theO, Defendant E inherited each of the instant forest owned by 3/55 (=1/5 of the O equity x 3/11), Defendant F, G, H, and I, 2/55 (2/5 of theO equity x 2/11).

3. Judgment as to the main claim

A. The Plaintiff’s assertion L, before his death, bequeathed each of the instant forests to the Plaintiff.

Therefore, the Plaintiff seeks the Defendants to express their consent to the registration of ownership transfer based on legacy on July 9, 1959 with respect to each forest of this case from the deceased L.

(b) It is not sufficient to recognize only a single shot, a statement of No. 6, and a witness P’s testimony, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion is without merit.

4. Judgment on the conjunctive claim

A. “One possession of judgment as to J Forest” refers to a person’s factual control over objects under social norms.

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