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(영문) 창원지방법원밀양지원 2019.01.09 2017가단10970
소유권말소등기
Text

1. The Plaintiff:

A. Defendant B is the Changwon District Court with respect to the share of 9/10 of the real estate listed in the separate sheet No. 1.

Reasons

1. Basic facts

A. Each land listed in the separate sheet Nos. 1 and 2 and each land listed in the separate sheet Nos. 3 and 4 in the separate sheet No. 298 cubic meters (hereinafter “each land of this case”) were divided into the land listed in the separate sheet Nos. 3 and 4 in the separate sheet Nos. 3 and 2, 2017. The land listed in the separate sheet Nos. 1 and 2, together with the land listed in the separate sheet No. 1 and 2, is the land owned by the network E (hereinafter “the network”). The ownership transfer registration under the Defendant B’s name (hereinafter “each land of this case”) was completed in accordance with the previous Act on Special Measures for the Registration, etc. of Ownership of Real Estate (No. 4502, Nov. 30, 1992; hereinafter “Special Measures Act”).

B. The Deceased died on March 5, 1993, and his heir had wife F, children G, H, I, J, K, the Plaintiff, L, Defendant B, M, and N.

F The F died on October 21, 2003, and the net G died on January 9, 2013, and there was the O, a child as the heir.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 8, 10 and the purport of the whole pleadings

2. Determination as to the claim against the defendant B

A. Defendant B asserts to the purport that this case’s lawsuit constitutes a claim for recovery of inheritance, and the limitation period under Article 999 of the Civil Act is exceeded, and thus, is unlawful. (2) However, as in the instant case, where one of the co-inheritors has made a transfer registration based on sale or donation under the Act on Special Measures even though he did not purchase the land or have received a donation before the inheritee’s birth, the lawsuit claiming the cancellation of the registration cannot be deemed to constitute a claim for recovery of inheritance (see, e.g., Supreme Court Decisions 81Da851, 852, Jan. 26, 1982; 93Da1268, Sept. 14, 1993); and Defendant B’s above assertion is rejected.

B. The Act on Special Measures for Determination on the merits.

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