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(영문) 전주지방법원정읍지원 2017.12.19 2017가단10563
소유권이전등기
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Network K died on December 5, 1950, and his children were deceased (manam), Plaintiff A (manam), and Plaintiff B (C). The Network L, manam, succeeded to Australia.

B. The real estate listed in the separate sheet No. 1 (hereinafter “instant real estate”) was owned by the network K. The deceased L completed the registration of preservation of ownership of the instant real estate around 1971.

C. The deceased L was killed on April 20, 1985, and the Defendants, the wife of the deceased L, completed the registration of transfer of ownership based on the inheritance shares on January 20, 1993 as to each of the shares listed in the separate sheet Nos. 2, among the instant real estate, based on the inheritance shares.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 5 (including branch numbers, if any) and the purport of whole pleadings

2. The assertion and judgment

A. According to the customary law applicable to inheritance before the enforcement of the current Civil Code, in the event that the head of a family dies, the head of South Korea succeeds to the entire heritage at the same time as the family inheritance, and 1/2 of them have the obligation to acquire one another and distribute the remainder equally to the middle and lower children.

Therefore, the deceased L is obligated to distribute the inherited property to the plaintiffs, who are the family heir of the deceased K, who are South and North Korea [i.e., 1/4 shares of each of the instant real estate (i.e., 1/2 shares of the plaintiffs among the remaining excluding the family heir 1/2 x 1/2 of the plaintiffs among the two x 1/2)]. The defendants succeeded to the duty of the above distribution as the deceased L's heir, so the defendants are obligated to implement the procedure of ownership transfer registration for each of the instant real estate listed in the attached Table 3.

B. Since the Civil Act was enforced around December 5, 1950 before the death of the judgment network K on December 5, 1950, the customary law applies to the inheritance of property pursuant to the Decree on the Civil and Civil Affairs of Joseon.

However, according to the customary law on inheritance before the enforcement of the Civil Code, Australia dies.

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