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(영문) 대구고등법원 2016.10.26 2016나21798
소유권이전등기
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. As to each real estate listed in [Attachment 1] List Nos. 1 and 2 of Sep. 13, 1973 among each real estate listed in [Attachment 1] List Nos. 1 and 1 (hereinafter “each real estate of this case”), J completed the registration of ownership transfer in its future for each real estate listed in [Attachment 1] List Nos. 4 and 5 of [Attachment 1] on August 19, 1981.

B. The plaintiff, who was the largest of J, was living together with J on June 1, 1989 from the N of the Gyeong Young-gun, Chungcheongnam-gun, Gyeongdong-gun, and was living in the vicinity of each real estate of this case, and the J died on June 1, 1989, and was killed on seven years directly from the real estate of this case. After that, the plaintiff leased each of the real estate of this case to K, who is a neighboring resident, and thereafter received 30 mills of rice from K at a fee of 1 year.

C. However, at around 2003, the Plaintiff received a request from Defendant F, an infant of Defendant F, to set up a farmer on the instant real estate, terminated a lease agreement with K, received rice 27 mills each year from K, received rent from M, and leased each of the instant real estate to M for farming.

Local taxes on each real estate of this case have been paid by the plaintiff.

E. On June 1, 1989, J died, and his heir succeeded to the property of J, such as the Plaintiff’s spouse and the Defendant, D, and E, as well as the Plaintiff’s spouse and his father-son B, and his heir succeeded to the property of J, such as the inheritance shares in the attached list 2.

Article 109 (1) of the former Civil Act (amended by Act No. 4199 of Jan. 13, 1990) provides that "if there are several heirs of the same order, the share of inheritance shall be equal. However, if the heir of the property succeeds to the head of family at the same time, the share of inheritance shall be added to 50 percent of the inherent share of inheritance," and Paragraph (2) of the same Article provides that "the share of inheritance of a woman who is not in the same family register shall be 1/4 of the shares of inheritance of a male."

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